Tuesday, November 24, 2020
Home 'Petition rightly nipped in the bud by HC': SC rejects petition of sacked BSF...

‘Petition rightly nipped in the bud by HC’: SC rejects petition of sacked BSF jawan who challenged election of PM Narendra Modi

The judgment was pronounced by a 3-Judge Bench comprising of Chief Justice SA Bobde, and Justices V. Ramasubramaniun and AS Bopanna.

Delivering its verdict on Tuesday, the Supreme Court of India rejected the petition of sacked BSF jawan Tej Bahadur Yadav in a case challenging the election of Prime Minister Narendra Modi from Varanasi constituency in 2019 General Elections. Yadav had grabbed national headlines in 2017 after he had posted few videos on social media alleging poor quality food served at his Jammu and Kashmir camp.

The judgment was pronounced by a 3-Judge Bench comprising of Chief Justice SA Bobde, and Justices V. Ramasubramaniun and AS Bopanna. While rejecting the frivolous petition, CJI Bobde stated, “We are of the opinion that the petition was rightly nipped in the bud by the Allahabad HC. The Civil Appeal is hereby dismissed.” The apex court had reserved the verdict on November 18.

Reportedly, the advocate appearing for Yadav had sought several adjournments and pass overs during the hearing of the case. The Court noted that the issue concerned an important office of the country cannot keep the case pending indefinitely. CJI Bobde had observed, “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.”

Observations made by Allahabad High Court

It is important to note that Yadav’s petition was earlier rejected by the Allahabad High Court in December 2019 as he had no locus standi in the case. The Supreme Court had upheld the judgement after the sacked BSF jawan had challenged it in Supreme Court. “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,” Justice Mohan Gupta of the Allahabad High Court had observed last year, relying upon Section 33 of The Representation of the People Act, 1951.

The Court had held that he was neither nominated nor deemed to have dominated and he could not have filed the election petition. Yadav in his plea to the Supreme Court had claimed that the High Court had failed to ‘appreciate misuse of provisions under Sections 9 & 33(3) of the Representation of the People Act, 1951 by the District Election Officer. He claimed that the High Court also wrongly rejected the plea based on only ‘technical grounds’ of Order VII Rule 11 of the Code of Civil Procedure and failed to judge it on its merits.

Nomination papers of Tej Bahadur Yadav rejected by EC in 2019

During the 2019 Lok Sabha polls, the sacked BSF jawan had filed his nomination papers against Prime Minister Narendra Modi as an SP candidate from Varanasi. His nomination was cancelled by the Election Commission. His nomination was then found ineligible under section 9 of the Representation of the People Act, 1951. According to this clause, if a candidate was a former government employee and was dismissed from the job due to corruption or disloyalty, such employees will be disqualified from contesting elections. As Tej Bahadur was dismissed in 2017, his candidature was found to be invalid by the EC.

Yadav was dismissed from BSF

Tej Bahadur Yadav had earlier alleged that senior officers were selling the ration provided to the camp in the market, and the soldiers were being served poor quality. The Home Ministry and PMO had ordered a detailed probe into the matter, and it was found that Tej Bahadur was making false allegations. Posting videos on social media instead of raising grievances on proper channel was also found to be a violation of rules. Moreover, he had a history of bad behaviour in the force, and he was jailed four times in the past for misbehaving with seniors and abusing and threatening them. After the conclusion of the enquiry, he was dismissed from service in April 2017.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Related Articles

Trending now

J-K admin makes public list of beneficiaries under ‘illegal’ Roshni Act, names of former PDP minister, Congress leader, Farooq Abdullah etc emerge: Details

The Jammu and Kashmir High Court had deemed the Roshni Act as illegal, directing the gvt to publish list of land beneficiaries on the official website

Grooming Jihad in Jharkhand: Rahim becomes Arjun, tells the Hindu woman to first convert to Islam if she wants them to get married

The latest case of Grooming Jihad (Love Jihad) has emerged from village Behera in the Hazaribagh district of Jharkhand.

Fraud fact-checking: AltNews co-founder Pratik Sinha spreads fake news while attempting to ‘fact-check’ old picture of a Hindu Sadhu

AltNews's Pratik Sinha posted fake information about an old image of a Hindu Sadhu in Kashmir in his hurry to call TrueIndology as a fraud.

Congress under lens for receiving unaccounted Rs. 106 crore cash at party headquarters, much of it before 2019 general elections: Details

Times Now reported that several payments of unaccounted cash were made to the erstwhile Congress Headquarters, prior to the 2019 General Elections.

Anvay Naik suicide case for which Arnab Goswami was arrested: Letters exchanged, the closure report, and unanswered questions

On 4th of Nov, the country watched as Arnab Goswami was dragged out of his house by over 20 armed policemen for a closed 2018 suicide case

“They allowed only Rohingyas into old Hyderabad, not development”: BJP MP Tejasvi Surya hits out on Owaisi brothers

BJP MP Tejasvi Surya likened AIMIM chief Asaduddin Owaisi to the founder of Pakistan Mohammad Ali Jinnah ahead of the GHMC polls in Hyderabad

Recently Popular

Anvay Naik suicide case for which Arnab Goswami was arrested: Letters exchanged, the closure report, and unanswered questions

On 4th of Nov, the country watched as Arnab Goswami was dragged out of his house by over 20 armed policemen for a closed 2018 suicide case

Pratibha Patil is trending on Twitter and it is not what you think. Read details

Former President Pratibha Patil was trending on Twitter and it was not because of what people think.

German police barge into the house of anti-lockdown activist Dr Andreas Noack, arrest him during YouTube livestream: Watch video

Dr. Andreas Noack, was arrested by the German Police on Wednesday in what appears to be a gross violation of personal liberty.

Actress Sana Khan who quit bollywood for Islam marries a Muslim cleric who was introduced to her by hatemonger Ajaz Khan

Sana Khan married the Muslim cleric in a small intimate ceremony in Surat. The newly married couple also cut a cake after the wedding.

Bharti Singh resisted initially but offered full cooperation once she realised NCB officials were treating her far better than Kapil Sharma ever did: OpIndia...

The NCB suspects that the widespread use of drugs also explains how movies such as Student Of The Year 2 was ever made.

WhiteHatJr and its founder slaps whistle-blower Pradeep Poonia with Rs 20 cr defamation suit over allegations of scamming customers: Read Details

Poonia had alleged that WhiteHatJr team is getting negative remarks against them removed on social media platforms
- Advertisement -

Chinese state media resorts to publishing blatant lies to convince themselves that ‘boycott china’ is not working

China claimed that Indian traders are finding it difficult to shun Chinese products because of the low quality of local products.

J-K admin makes public list of beneficiaries under ‘illegal’ Roshni Act, names of former PDP minister, Congress leader, Farooq Abdullah etc emerge: Details

The Jammu and Kashmir High Court had deemed the Roshni Act as illegal, directing the gvt to publish list of land beneficiaries on the official website

‘Petition rightly nipped in the bud by HC’: SC rejects petition of sacked BSF jawan who challenged election of PM Narendra Modi

Delivering its verdict on Tuesday, SC rejected the petition of sacked BSF jawan Tej Bahadur Yadav against Prime Minister Narendra Modi

Grooming Jihad in Jharkhand: Rahim becomes Arjun, tells the Hindu woman to first convert to Islam if she wants them to get married

The latest case of Grooming Jihad (Love Jihad) has emerged from village Behera in the Hazaribagh district of Jharkhand.

‘Band of liars’: Isha Foundation calls for a clean social media space, asks Twitter to take action against deliberate lies and slander

The Tweets by Isha Foundation were in context to fake land grabbing charges that the Foundation has been facing for years.

Shiv Sena MLA Pratap Sarnaik, who threatened to break Kangana’s mouth, raided by Enforcement Directorate in money laundering case

The Enforcement Directorate on Tuesday morning raided the residences and official premises of the Shiv Sena MLA Pratap Sarnaik.

Teenager threatens to ‘blow up’ UP CM Yogi Adityanath in message to state’s emergency service, arrested: Here is what happened

On Monday, Lucknow police apprehended a minor boy in Agra for issuing death threats to Uttar Pradesh CM Yogi Adityanath

Fraud fact-checking: AltNews co-founder Pratik Sinha spreads fake news while attempting to ‘fact-check’ old picture of a Hindu Sadhu

AltNews's Pratik Sinha posted fake information about an old image of a Hindu Sadhu in Kashmir in his hurry to call TrueIndology as a fraud.

Congress under lens for receiving unaccounted Rs. 106 crore cash at party headquarters, much of it before 2019 general elections: Details

Times Now reported that several payments of unaccounted cash were made to the erstwhile Congress Headquarters, prior to the 2019 General Elections.

Delhi: Burkha-clad woman Nusrat fires gunshots to threaten a shop owner, arrested later

The police informed that a quarrel had ensued between with Fahim and Nusrat for not returning the mortgaged mobile phone of another man named Shahrukh.

Connect with us

245,563FansLike
488,215FollowersFollow
20,100SubscribersSubscribe