Supreme Court on Monday said it will consider on Friday the plea to defer the April 10 polling in Gautam Buddha Nagar Lok Sabha seat of UP in view of defection of Congress candidate to BJP.
After Ramesh Chand Tomar's switching over, the date for nomination as well as withdrawal was over. The petition filed by two Noida residents was mentioned before a bench headed by Chief Justice P Sathasivam which listed it for April 9. The petition by Mukesh Yadav and Vikrant Singh Kasna, through advocate Jitender Mohan Sharma contended that crossing over of the Congress candidate to the rival party after filing of nomination papers amount to "corrupt practice".
The petitioner said they were compelled to approach the apex court as the representation made by them to the Election Commission was not considered.
Tomar on April 3 had appeared on stage with BJP's prime ministerial candidate Narendra Modi in Ghaziabad. If the apex court refused to pass any order on the plea, Tomar's name will appear on the electronic voting machine next to the Congress's symbol when the constituency, adjacent to national capital, votes on April 10.
He was the BJP member from Hapur for four consecutive terms from 1991 but had lost the 2004 election for the seat, and joined the Congress in 2009.
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