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The Apex Court on 9th May dismissed the plea of former BSF constable and Samajwadi Party (SP) candidate Tej Bahadur Yadav challenging the rejection of his nomination from Varanasi parliamentary constituency.
The former BSF jawan had challenged the decision of the Returning Officer to reject his nomination from Varanasi constituency, from where Prime Minister Narendra Modi is seeking re-election. Yadav had filed his nomination papers on 29 April, but the Returning Officer rejected his nomination on 1 May on the ground that he was dismissed from on 19th April, and there was no five-year gap from the date of his dismissal till the date of his nomination. According to the Returning Officer, this was not in keeping with the terms of Section 9 of the Representation of the People Act 1951.
While dismissing his nomination, the Returning Officer also observed that his nomination papers did not include a certificate deemed mandatory by the poll panel for people dismissed from government service. The certificate should state that the said person was not dismissed from service for "corruption or disloyalty to the State".
On the contrary, in his reply to RO's first notice of 29 April, Yadav submitted that he was dismissed from BSF due to "indiscipline which is not covered under the election law and hence, a certificate from EC to that effect was not required." BSF dismissed Yadav from service in 2017 allegedly for making false complaints about the quality of food served to soldiers on duty."
Yadav contended before the court that EC did not provided him sufficient time for producing the certificate of his dismissal and rejected his nomination without applying its mind on the argument raised by him calling EC’s decision as arbitrary, erroneous and mala fide. However, the bench headed by CJI dismissed the petition filed by observing that “We don’t find any merit to entertain this petition"
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