New Delhi, November 24, 2020: The Ex- BSF Jawan, Tej Bahadur Yadav, challenged Allahabad High Court's dismissal of Bahadur's election petition in December 2019 on the ground of lack of locus standi. The SLP contended that the High Court had failed to appreciate the misuse of provisions under Sections 9 and 33(3) of Representation of People Act by the District Election Officer before the Supreme Court of India. However, the Supreme Court on Tuesday dismissed the petition filed by Ex- BSF Jawan, Tej Bahadur Yadav, challenging the election of Prime Minister Narendra Modi from Varanasi constituency in the 2019 Lok Sabha elections.

The reason arose with Bahadur seeking for the declaration of Prime Minister Narendra Modi's election as void on the ground that his own nomination had been improperly rejected and that the Prime Minister's nomination was wrongly accepted for want of disclosure of certain facts. It was further prayed that the election was also vitiated on the account of misuse of official power by the Returning Officer and the Election Observer.

The Supreme Court in the judgement delivered today, referring to the Explanation to Section 81 of the Representation of People Act, 1951, which states that an "elector" means a person who is entitled to vote at the election petition relates, the Apex Court noted that an Election Petition could only be preferred by "(a) any elector or (b) any candidate at such election". "In this case, the election is to the Varanasi Parliamentary seat. Obviously, the appellant is not an elector of Bhiwani, Mahendragarh Parliamentary Constituency, Haryana. His locus thus depends entirely on the question whether he is a candidate or can claim to be a duly nominated candidate".

Observing that Section 83 of the Representation of People Act bars anyone other than an elector or a candidate to file an Election Petition, the Supreme Court upheld the Allahabad High Court's decision and stated that the instant Election Petition "has been rightly nipped in the bud. The Civil Appeal is, therefore, dismissed".

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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