"Matter too important," Supreme Court refuses adjournment, passover in plea against election of PM Narendra Modi, reserves verdict

The Supreme Court, on Wednesday, reserved its verdict in 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. .A Bench of Chief Justice of India (CJI), SA Bobde and Justices AS Bopanna and V Ramasubramanian rejected repeated requests by the petitioner to adjourn or pass over the matter and proceeded to hear the case stating that the case has been lingering on for a long time and is "too important" a matter to be deferred. ."This case has been going on for a long time. We are giving you time now to argue. It is too important to pass it over. Please argue, adjournments have gone on for long in this case" CJI Bobde said..The Court had earlier adjourned the case twice on petitioner's request. .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 independent candidate but had 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, Yadav 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..Bahadur was dismissed from BSF in April 2017 after a video captured by him on mobile phone went viral in which he complained about the poor quality of food provided to soldiers. .He had first approached the Supreme Court challenging rejection of his nomination papers in May 2019 but the top court declined to interfere..Supreme Court dismisses petition by Tej Bahadur Yadav against rejection of nomination.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..Allahabad High Court issues notice to PM Narendra Modi in Petition by Tej Bahadur Yadav challenging election from Varanasi.The hearing on Wednesday revolved around whether the Returning Officer had given Bahadur sufficient time to respond to the show cause notice asking Bahadur 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. .Senior Counsel Harish Salve, who was representing the Prime Minister 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 court then quizzed the petitioner on whether he had asked for extension of time. ."Show us where did you ask for time and how did the High Court deal with it? Where is the evidence that you have asked time and was it shown before the High Court?" CJI Bobde queried..The petitioner placed reliance on the Returning Officer's order stating that the Returning officer himself had stated that extension of time was sought. ."We are not asking for this. Where is the request for time? We want to see the request," CJI Bobde remarked before reserving the verdict.