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Sacked BSF constable Tej Bahadur Yadav’s nomination as a Samajwadi Party candidate in Varanasi, where he would have faced Prime Minister Narendra Modi, was on Wednesday rejected on grounds that he did not submit proper documents explaining his dismissal.
The District Magistrate, Varanasi, Surendra Singh said Mr. Yadav had failed to submit the necessary certificate issued by the Election Commission that he had not been dismissed for corruption or disloyalty to the state. Mr. Yadav was given “a chance” till 11 a.m. on May 1 but he did not submit the certificate within the stipulated time, Mr. Singh said.Also the Returning Officer of the Varanasi Lok Sabha constituency, said Mr. Yadav’s nomination was rejected as it failed to meet Section 9 and 33(3) of the Representation of the People Act, 1951.
Under these, if a person is dismissed from government service and five years have not elapsed, then such a person shall not be nominated as a candidate unless his nomination paper is accompanied by a certificate issued by the EC that he has not been dismissed for corruption or disloyalty to the state.
Mr. Yadav’s nomination from Varanasi was deferred after a discrepancy over his dismissal was found in the two nominations he filed, first as an Independent and then as the SP candidate. A notice was then issued to him to submit the EC certificate by 11 a.m. on May 1.
In his reply to the notice, Mr. Yadav said he had not been dismissed for disloyalty or corruption and that Sections 9 and 33(3) did not apply to him.Mr. Yadav was dismissed from service in 2017 for indiscipline after he posted a video complaining about the quality of food served to the troops in the region along the Line of Control in Jammu and Kashmir.Talking to reporters after his nomination was rejected, Mr. Yadav said it was due to a “conspiracy” as Mr. Modi did not want a “jawan to contest election against him”.
His lawyer Rajesh Gupta said they would approach the Supreme Court.SP president Akhilesh Yadav asked whether “pradhanji” (Mr. Modi) was scared of losing at the hands of the “true chawkidar.”
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