The Supreme Court, on Tuesday, dismissed a plea by former soldier of Border Security Force, Tej Bahadur challenging the election of Prime Minister Narendra Modi to Lok Sabha in 2019 from Varanasi constituency..Supreme Court dismisses petition by Tej Bahadur Yadav against rejection of nomination.The verdict was delivered by a bench of Chief Justice of India (CJI), SA Bobde and Justices AS Bopanna and V Ramasubramanian.."We are of the opinion that the present election petition has been rightly nipped in the bud. The present civil appeal is thereby dismissed," the Bench said..The top court has primarily ruled that the petitioner does not have a cause of action in the present case. .We find that the averments in the petition do not disclose that the appellant has a cause of action which invest him with right to sue. It is settled that where a person has no interest at all, or no sufficient interest to support a legal claim or action he will have no locus standi to sueReads judgment.Tej Bahadur had challenged the rejection of his nomination as Samajwadi Party (SP) candidate from Varanasi constituency for the 2019 Lok Sabha elections. Bahadur had initially filed his nomination as an independent candidate but later altered it to enter his nomination as SP candidate..His nomination papers were reportedly rejected by the returning officer, citing his failure to submit a certificate that he was not sacked from BSF for either corruption or disloyalty. Dismissal on the grounds of corruption or disloyalty attracts ban on contesting elections.Bahadur challenged this rejection, contending that such a decision was taken to facilitate an easy victory for Prime Minister Narendra Modi.It was Bahadur's case that the Returning Officer failed to note that he had produced his dismissal letter while filing his nomination papers. The dismissal letter, Bahadur claimed, clearly showed that he had been dismissed for alleged indiscipline and not for corruption or disloyalty to the State. Therefore, there was no requirement for any additional certificate to prove that he had not been dismissed of corruption of disloyalty, he had submitted..[BREAKING] Supreme Court to pronounce judgment tomorrow in challenge to election of PM Narendra Modi from Varanasi.He had first approached the Supreme Court challenging rejection of his nomination papers in May 2019 but the top court declined to interfere.Bahadur later moved the Allahabad High Court which heard the plea in detail before dismissing it in December 2019.He then approached the Supreme Court in February 2020 by way of the present appeal..The hearing in Supreme Court primarily dealt with the aspect of whether or not the Returning Officer had given Bahadur sufficient time to respond to the show cause notice by which Bahadur was asked to produce certificate to prove that he was not dismissed for corruption or disloyalty."The Returning officer gave me notice on April 30 and my nomination was rejected next day. Sufficient time was not given," it was submitted on behalf of Bahadur..Former BSF Jawan Tej Bahadur Yadav moves Supreme Court against rejection of nomination.Senior Counsel Harish Salve, who was representing the Prime Minister had said that Bahadur had not asked the Returning Officer for extension of time."Candidate can ask for two days but he did not ask for time," Salve said..The petitioner had placed reliance on the Returning Officer's order stating that the Returning officer himself had stated that extension of time was sought..(Read judgment)
The Supreme Court, on Tuesday, dismissed a plea by former soldier of Border Security Force, Tej Bahadur challenging the election of Prime Minister Narendra Modi to Lok Sabha in 2019 from Varanasi constituency..Supreme Court dismisses petition by Tej Bahadur Yadav against rejection of nomination.The verdict was delivered by a bench of Chief Justice of India (CJI), SA Bobde and Justices AS Bopanna and V Ramasubramanian.."We are of the opinion that the present election petition has been rightly nipped in the bud. The present civil appeal is thereby dismissed," the Bench said..The top court has primarily ruled that the petitioner does not have a cause of action in the present case. .We find that the averments in the petition do not disclose that the appellant has a cause of action which invest him with right to sue. It is settled that where a person has no interest at all, or no sufficient interest to support a legal claim or action he will have no locus standi to sueReads judgment.Tej Bahadur had challenged the rejection of his nomination as Samajwadi Party (SP) candidate from Varanasi constituency for the 2019 Lok Sabha elections. Bahadur had initially filed his nomination as an independent candidate but later altered it to enter his nomination as SP candidate..His nomination papers were reportedly rejected by the returning officer, citing his failure to submit a certificate that he was not sacked from BSF for either corruption or disloyalty. Dismissal on the grounds of corruption or disloyalty attracts ban on contesting elections.Bahadur challenged this rejection, contending that such a decision was taken to facilitate an easy victory for Prime Minister Narendra Modi.It was Bahadur's case that the Returning Officer failed to note that he had produced his dismissal letter while filing his nomination papers. The dismissal letter, Bahadur claimed, clearly showed that he had been dismissed for alleged indiscipline and not for corruption or disloyalty to the State. Therefore, there was no requirement for any additional certificate to prove that he had not been dismissed of corruption of disloyalty, he had submitted..[BREAKING] Supreme Court to pronounce judgment tomorrow in challenge to election of PM Narendra Modi from Varanasi.He had first approached the Supreme Court challenging rejection of his nomination papers in May 2019 but the top court declined to interfere.Bahadur later moved the Allahabad High Court which heard the plea in detail before dismissing it in December 2019.He then approached the Supreme Court in February 2020 by way of the present appeal..The hearing in Supreme Court primarily dealt with the aspect of whether or not the Returning Officer had given Bahadur sufficient time to respond to the show cause notice by which Bahadur was asked to produce certificate to prove that he was not dismissed for corruption or disloyalty."The Returning officer gave me notice on April 30 and my nomination was rejected next day. Sufficient time was not given," it was submitted on behalf of Bahadur..Former BSF Jawan Tej Bahadur Yadav moves Supreme Court against rejection of nomination.Senior Counsel Harish Salve, who was representing the Prime Minister had said that Bahadur had not asked the Returning Officer for extension of time."Candidate can ask for two days but he did not ask for time," Salve said..The petitioner had placed reliance on the Returning Officer's order stating that the Returning officer himself had stated that extension of time was sought..(Read judgment)