Supreme Court dismisses an election petition questioning the election of the Hon’ble Prime Minister Sri Narendra Modi to the 17th Lok Sabha through 2019 election from the 77th Parliamentary Constituency (Varanasi). The civil appeal was filed by a sacked BSF constable against the impugned order of the Allahabad High Court which also dismissed the election petition by observing that the appellant had no locus over the matter.
The appellant who was a sacked BSF constable filed the election petition in view that his nomination as a candidate was wrongly dismissed by the returning officer of the Varanasi constituency from where Sri Narendra Modi also stood for the election. Since he was wrongly dismissed from contesting for the elections the whole election process in the constituency stands void. The petitioner Mr Tej Bahadur who had served for the state had to show a certificate that he hadn’t been removed from service because of any corruption charges or any act which was against the interest of the nation, but he failed to do so. He alleged that he was not given any chance to produce such a certificate but failed to produce any evidence to support his stance. As per the Section 83 read with Sections 81 and 86 of The Representation of the People Act, 1951 the petitioner in an election petition had to have some locus in the plea i.e. he either had to be an elector or a candidate to the particular election. The petition was therefore barred by the abovementioned provisions and the fact that his dismissal from the election could not be proved void by the counsel neither he was a registered elector from the particular constituency.
His petition was dismissed on 24 November after the proceedings were wrapped up following the repeated requests for adjournments from the petitioner’s side where the Supreme Court observed that “the present Election Petition has been rightly nipped in the bud”.