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SC Adjourns Hearing On Plea Challenging PM Narendra Modi's Election From Varanasi.
“In case of hearing on plea challenging PM Narendra Modi’s election from Varanasi is postponed... Postponed...by the Supreme court today on 22nd May. A Supreme Court Bench comprising Chief Justice of India SA Bobde, Justices AS Bopanna and Hrishikesh Roy adjourned the matter by a period of 2 weeks after receiving the adjournment letter circulated by Yadav which sought for the matter to be adjourned by 4 weeks.
The Supreme Court on Friday adjourned the hearing on the petition challenging the election of Prime Minister Narendra Modi from Varanasi parliamentary seat held in May last year. The petition has been filed by sacked Border Security Force (BSF) constable Tej Bahadur who could not contest from Varanasi since his nomination paper was rejected by the returning officer on May 1 last year. Bahadur challenged PM Modi’s election before the Allahabad High Court, but lost. HC dismissed the petition on December 6, 2019, holding that Bahadur had no locus to challenge the election as he was neither a candidate nor an elector.
This was the first hearing on Bahadur’s appeal against the HC verdict in the Supreme Court. But Bahadur’s lawyers moved a letter for a four-week adjournment without specifying any reason.PM Modi was represented by senior advocates Harish Salve and Satya Pal Jain.
Bahadur’s nomination was rejected as a clause contained in the Representation of Peoples Act prescribes a five-year ban on contesting against any person in the employment of the state who got dismissed on grounds of corruption or disloyalty to got rejected.Bahadur shot to fame in 2017, when he shot a video state. Bahadur claimed he was dismissed but on grounds other than corruption or disloyalty. In such cases, the candidate must attach a certificate of the Election Commission testifying this fact.
Bahadur did not possess this certificate and hence his nomination exposing the alleged poor quality of food supplied to BSF jawans in their camp. His act was seen as indiscipline and the BSF dismissed him in April 2017. In the 2019 Lok Sabha polls, the Samajwadi Party fielded him against PM Modi from Varanasi. Bahadur failed to qualify as a candidate after his nomination stood rejected. He was not even an elector of Varanasi. In his own petition, he admits being an elector from Bhiwani, Mahendragarh parliamentary constituency in Haryana.
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