News By/Courtesy: Ayush Garg | 23 May 2020 20:35pm IST

HIGHLIGHTS

  • Tej Bahadur had filed petition before Allahabad High Court to set aside PM Modi’s election since his nomination as Samajwadi Party’s Candidate from Varanasi had been rejected
  • A three-judge bench headed by the Chief Justice SA Bobde, Justice AS Bopanna & Justice Hrishikesh Roy adjourned the matter for two weeks while conducting hearing through video conferencing
  • Tej Bahadur had at first filed his nomination as an independent candidate from Varanasi Constituency, however later he entered his nomination as a Samajwadi party candidate.

The Supreme Court postponed the hearing on the petition of Border Security Force (BSF) Jawan Tej Bahadur for two weeks. Tej Bahadur has challenged the Allahabad High Court's decision in which his nomination as the Grand Alliance candidate from Varanasi was canceled. A bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice Hrishikesh Rai held the hearing through video conferencing and said that they have been requested to postpone the hearing by four weeks from the petitioner. The court will hear the case after two weeks. Advocates on behalf of the Prime Minister were Harish Salve and Satyapal Jain. 
Earlier, the Supreme Court while hearing this petition said that we have not received any basis for interfering. There is no basis for interfering in this as public interest litigation. On behalf of Tej Bahadur, lawyer Prashant Bhushan said that he is not challenging the election. He said that all we have to say is that Tej Bahadur's nomination has been rejected unfairly and illegally. 
 In fact, on 6 December 2019, the Allahabad High Court rejected the petition filed against Prime Minister Narendra Modi winning the Lok Sabha elections from Varanasi. The petition challenging Prime Minister Modi's election was filed by BSF sacked soldier Tej Bahadur and Samajwadi Party's declared candidate Tej Bahadur Yadav. Tej Bahadur Yadav's form was rejected before nomination. 
 Tej Bahadur, who was nominated by the Samajwadi Party, accused the election officer that his nomination was canceled by the election officer incorrectly under pressure from PM Modi, while the nomination was canceled based on giving false facts and hiding facts. He was terminated from service after a video went viral where he exposed the cheap quality of food being served to the Forces. Since Bahadur could not produce a certificate from the Election Commission clarifying that his dismissal was not on the ground of disloyalty or corruption, his nomination was rejected by the Returning Officer. On 23 October the High Court had reserved the judgment on the petition. The Allahabad High Court dismissing his petition held that Tej bahadur could not question the election of PM Modi since he was neither a candidate nor an elector from the said constituency.

Section Editor: Pushpit Singh | 24 May 2020 6:23am IST


Tags : Supreme Court, Election Commission

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