High court of Allahabad dismisses petition for election against Prime Minister Modi
ALLAHABAD: On Friday he dismissed an electoral petition filed against the Prime Minister Narendra Modi by Tej Bahadur Yadav
Dismiss the petition filed by Tej Bahadur Yarav, Justice Manoj Kumar Gupta said that since Tej Bahadur Yadav was not a candidate in parliamentary elections, he did not have the place (right) to file an electoral petition.
Earlier, the high court had reserved its order on October 23, 2019 regarding the objections filed on behalf of PM Narendra Modi against the election petition challenging his election from Varanasi parliamentary constituency in Lok Sabha election 2019. In his objections, PM Modi has taken the plea that this election petition is not maintainable.
The order has been reserved by Justice Manoj Kumar Gupta while hearing an election petition filed by Tej Bahadur Yadav, challenging the election of Prime Minister, Narendra Modi as Member of Parliament from Varanasi parliamentary constituency in recently concluded Lok Sabha elections.
The electoral petition has been presented by Tej Bahadur Yadav, who was fired from the Border Security Force (BSF) and was declared a candidate of the Samajwadi Party since the Varanasi parliamentary seat, but could not contest the elections since his nomination document was rejected by the officer who returned.
On May 1, 2019, the district officer who returned from Varanasi rejected his Varanasi nomination document after not presenting a certificate that he was not fired from the service for corruption or disloyalty.
Appearing on behalf of Modi, his lawyer Satya Pal Jain had submitted to the Court that the petition for election is not maintainable under order 7, rule 11 of the code of civil procedure, as well as section 86 of the Law of Representation of the People, since there is no charge of negligence in the elections. The court, after hearing the advice of the interested parties, reserved its verdict on the objections against the maintainability of the electoral petition.
Tej Bahadur Yadav has filed this electoral petition, claiming that his nomination document was wrongly rejected by the Varanasi return officer. As a result of the rejection of his nomination document, he could not contest the election of Lok Sabha of the Varanasi parliamentary seat against Prime Minister Modi, which is his constitutional right.
Yadav has requested the court to declare the election of PM Narendra Modi as MP from Varanasi seat as null and void.