The Apex Court has Dismissed the Petition Filed by Ex- BSF Jawan Tej Bahadur Yadav Challenging the Election of PM Narendra Modi from Varanasi constituency

The Apex Court has dismissed the petition filed by Ex- BSF Jawan Tej Bahadur Yadav challenging the election of PM Narendra Modi from Varanasi constituency in the 2019 Lok Sabha elections.

“We have already adjourned it many times. This is an important case which revolves around the unique office of the Prime Minister. We cannot keep it pending indefinitely,” CJI SA Bobde had said

The Supreme Court on November 18, had reserved orders in the plea and had said that the issue concerned with the most important office of the country, i.e. the PMO and that it cannot be kept pending indefinitely.

An SPL was filed contending the Allahabad High Court’s Judgment passed in December 2019, dismissing Tej Bahadur’s election petition on the ground of lack of locus standi. He contended that the High Court has failed to appreciate the misuse of provisions under Sections 9 & 33(3) of the Representation of the People Act, 1951 by the District Election Officer.

“…the petitioner is neither an elector nor a candidate at the election which he seeks to challenge and would therefore have no locus to file election petition,”  noted a single bench of Justice Mohan Kumar Gupta of the High Court.

Who is Tej Bahadur Yadav?

  • Tej Bahadur Yadav had attempted to contest against PM Modi from Varanasi on BSP ticket. But his nomination was abandoned by the Returning Officer referring to the grounds that he had failed to submit a certificate stating that his dismissal from BSF was not in relation with disloyalty or corruption.
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  • Further, in 2017 Tej Bahadur was dismissed from the BSF, after a video casting him went viral, where he was seen complaining about the quality of food served to soldiers guarding the India-Pakistan border.
  • Thus, the HC dismissed his election petition on the ground he was neither nominated nor could he be deemed to be duly nominated. While noting so the Court referred Section 33 of The Representation of the People Act, 1951 which states that if a person in government service is dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.
  • He had also approached the Top Court, challenging the decision of the Returning Officer to reject his nomination from Varanasi constituency. However, the Bench headed by then Chief Justice of India Ranjan Gogoi had dismissed the petition.

[The Apex Court has dismissed the petition filed by Ex- BSF Jawan Tej Bahadur Yadav challenging the election of PM Narendra Modi from Varanasi constituency in the 2019 Lok Sabha elections]

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