Clarification on NRI Candidate Attestation Deadline: Supreme Court’s Ruling

The case between Maha P. & Ors and The State of Kerala & Ors revolved around the issue of whether the Government had extended the deadline for NRI candidates to cure defects in attestation. The Supreme Court, in its earlier judgment on May 18, 2022, had recorded that the deadline was extended to March 31, 2022. However, the State of Kerala later moved an application seeking modification of this order, arguing that the actual deadline was March 2, 2022.

Petitioners’ Arguments:

• The petitioners contended that the Government had indeed issued orders allowing NRI candidates to cure defects in attestation until March 31, 2022.
• They relied on paragraph 10 of the Single Judge’s judgment dated April 4, 2022, which suggested that an extension had been granted.

Respondents’ Arguments:

• The State of Kerala, represented by Mr. Nishi Rajen Shonker, argued that there was no extension beyond March 2, 2022.
• The erroneous statement in the Supreme Court’s May 18, 2022 judgment had resulted in further legal complications in the High Court.

Supreme Court’s Observations:

• The Court noted that the issue of whether the deadline had been extended beyond March 2, 2022, was not originally a matter for determination in the earlier proceedings.
• It clarified that the question of extension should be decided separately on its own merits based on the available records.

The Court, comprising Dr. Dhananjaya Y Chandrachud and A S Bopanna, disposed of the Miscellaneous Application with the clarification that the extension issue was not adjudicated upon in the previous ruling.

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The ruling has significant implications for NRI candidates who were affected by the attestation deadline, as it leaves open the possibility for further legal proceedings to determine the actual date of the extension.

Petitioner Name: Maha P. & Ors.
Respondent Name: The State of Kerala & Ors..
Judgment By: Justice Dhananjaya Y Chandrachud, Justice A S Bopanna.
Place Of Incident: Kerala.
Judgment Date: 21-07-2022.

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