Home POLITICS 2019 Varanasi LS Polls: Sacked BSF Jawan Tej Bahadur Strikes SC In opposition to HC Order Dismissing His Plea

2019 Varanasi LS Polls: Sacked BSF Jawan Tej Bahadur Strikes SC In opposition to HC Order Dismissing His Plea

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2019 Varanasi LS Polls: Sacked BSF Jawan Tej Bahadur Strikes SC In opposition to HC Order Dismissing His Plea

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The petition was listed for listening to on Could 18 earlier than a bench headed by Chief Justice SA Bobde however was not taken up because the bench didn’t assemble.

  • PTI
  • Final Up to date: Could 20, 2020, 10:20 PM IST

Sacked BSF Jawan Tej Bahadur has challenged the Allahabad Excessive Court docket verdict dismissing his election petition in opposition to the ballot panel’s determination rejecting his nomination papers to contest in opposition to Prime Minister Narendra Modi from Varanasi constituency within the 2019 Lok Sabha polls.

The petition was listed for listening to on Could 18 earlier than a bench headed by Chief Justice SA Bobde however was not taken up because the bench didn’t assemble.

It’s prone to be now taken up for listening to on Could 22.

In his attraction, the sacked jawan stated the Excessive Court docket on December 6, final 12 months had dismissed his election petition on the bottom of no locus and noticed that he’s neither a registered voter nor the resident of the Varanasi Lok Sabha constituency.

He stated that he challenged rejection of his nomination paper by the returning officer and the Excessive Court docket dedicated grave error by dismissing the plea as a result of it has not thought-about the regulation laid down by the highest court docket that when any particular person has filed his nomination in any constituency and his candidature has been rejected by the Returning Officer then he has locus to file Election Petition on sole floor of his rejection order.

“In a nut-shell the factual matrix of the case is that on the instructions of the Returning officer, the nomination of the appellant to the elections was wrongly rejected for not being introduced in a prescribed method and rejected the nomination/candidature of the Appellant for the Election of the 17th Lok Sabha from 77th Parliamentary Constituency (Varanasi), UP to be held in April, Could 2019,” his plea stated.

Bahadur stated that he has sought a declaration that the election of respondent (Narendra Modi) be declared as void and the order handed by the returning officer dated Could 1, 2019, rejecting his nomination be put aside.

He stated that the Excessive Court docket failed to understand that the nomination letter of the appellant has been rejected by the district Election Officer by going in opposition to the intention of the authorized provisions and by misusing the provisions talked about within the sections 9 and 33(3) of the Illustration of the Folks Act, 1951.

“As a result of the Excessive Court docket failed to understand that the reply dated April 30, 2019 connected together with the Service Termination Order dated April 19, 2017 and reply/connected oath letter submitted to the District Election Officer, this truth was effectively established that the sections 9 and 33(3) don’t apply on that case, however the District Election Officer/Election Officer who was additionally the district Justice of the Peace, misused his put up and place and cancelled the nomination letter of the appellant on Could 1, 2019,” his plea stated.

On Could 9, final 12 months, the highest court docket had rejected his plea by which he has challenged the Election Fee’s determination to reject his nomination papers from Varanasi Lok Sabha seat.

The highest court docket had stated that it doesn’t discover any grounds to entertain the plea.

Bahadur had then moved the highest court docket difficult the choice of Returning Officer (RO) to reject his nomination papers from Varanasi Lok Sabha seat, saying it was meant to “give walkover” to PM Modi.

The Returning Officer on Could 1 final 12 months had rejected the nomination papers of Bahadur, a Samajwadi Social gathering candidate, who was dismissed from BSF in 2017 after he posted a video on-line complaining concerning the high quality of meals served to the troops.

The ballot panel official held that Bahadur did not furnish a certificates as mandated below the Illustration of Peoples (RP) Act to the impact that he has not been “dismissed for corruption or disloyalty to the state”.

The Samajwadi Social gathering had initially fielded Shalini Yadav as its candidate to contest in opposition to Modi and later nominated the sacked BSF jawan.

Whereas rejecting the nomination papers of Bahadur, the Returning Officer had noticed that “the nomination paper will not be accompanied by certificates issued within the prescribed method by the Election Fee to the impact that he has not been dismissed for corruption or disloyalty to the state”.




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