38.6c New Delhi, India, Thursday, June 20, 2024
Judiciary

SC Reserves Order in Plea Against Narendra Modi’s Election from Varanasi

By Pavitra Shetty      19 November, 2020 03:56 PM      0 Comments
SC Reserves Order in Plea Against Narendra Modi’s Election from Varanasi

The Supreme Court on Wednesday (November 18, 2020) refused to adjourn the appeal of dismissed BSF JAWAN TEJ Bahadur Yadav challenging Narendra Modi’s election from Varanasi in 2019.

“No, we can’t adjourn the matter. You are abusing the process of law…you go ahead with the matter. We have already adjourned the matter many times. This is an important case that revolves around the unique office of the Prime Minister. You have made the Prime Minister the respondent. We cannot keep it pending indefinitely,” Chief Justice of India S.A. Bobde, heading a bench also comprising Justices A.S. Bopanna and V. Ramasubramanian, told the counsel for the petitioner.

A bench headed by Chief Justice S.A. Bobdemade the observation while refusing to accede to the request of, advocate appearing for Tej Bahadur for either adjourning the case or at least pass over the case.

Besides challenging the rejection of his nomination papers, Yadav wanted the result of Modi’s win set aside and declared as “void”.

The returning officer for the constituency had rejected Yadav’s nomination papers on May 1, 2019, on the ground that he had concealed the factum of his dismissal from service upon conviction in April 2017, which was a ground for disqualification for contesting elections for a period of six years under the election rules.

As soon as the case was listed on Wednesday, Yadav’s counsel repeatedly urged the court to adjourn the matter to help him fully prepare with the case.

However, the CJI rejected the plea saying the matter was already adjourned on a number of occasions.

The counsel insisted that if not adjournment the court should at least pass over the matter.

 “We can’t give you indefinite time to hear this case. You show us the evidence. Is it so important to take Passover in this case? The adjournments have gone so long for three months in the case,” Justice Bobde said.

In response to a query from the bench, the counsel said Yadav had filed two nomination papers — one as an Independent and another as a Samajwadi Party candidate.

The court also briefly heard senior advocate Harish Salve appearing for Narendra Modi. 

The senior advocate told the bench that the high court had rightly dismissed his plea as the petitioner had failed to furnish the relevant details sought by the returning officer.

The bench later reserved the verdict. The apex court will pronounce the judgment either on Friday or next week.

Yadav, earlier dismissed by the Centre after he alleged on social media that substandard food was served to soldiers on the border, had filed two nomination papers for the Varanasi seat — one as an Independent candidate on April 24, 2019, and another as an SP candidate on April 23, 2019.

He had challenged the rejection of his nomination papers in Allahabad High Court pleading that although he was dismissed from service of Government of India, the dismissal was not on the ground of corruption or disloyalty to the State, which in terms of Section 9 and Section 33(3) of The Representation of the People Act, 1951, would have acted as a bar from his contesting the election.

However, the high court on December 6, 2019, dismissed his plea on the ground that Yadav had no legal right as he was neither a voter nor a resident of Varanasi and as such his election petition was not maintainable.



Share this article:



Leave a feedback about this
TRENDING NEWS

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM

TOP STORIES

sc-notice-to-petitioners-on-ntas-plea-to-transfer-petitions-on-neet-ug
Trending Judiciary
SC notice to petitioners on NTA's plea to transfer petitions on NEET UG

SC issues notice on NTA’s plea to transfer NEET UG petitions from various High Courts to apex court. Court to review alleged irregularities on July 8.

14 June, 2024 12:44 PM
hyundai-motor-india-set-to-file-ipo-papers-aiming-for-historic-billion-share-sale
Trending Business
Hyundai Motor India Set to File IPO Papers, Aiming for Historic $3 Billion Share Sale

Hyundai Motor India to file for IPO, aiming to raise $2.5-$3 billion in what could be India’s largest share sale, enhancing its market value and competitive edge.

14 June, 2024 01:55 PM
madras-hc-sentences-contemnor-to-6-months-jail-for-scandalous-allegations-against-judges
Trending Judiciary
Madras HC sentences Contemnor to 6 months jail for scandalous allegations against Judges [Read Order]

Madras High Court sentenced PU Venkatesan to 6 months in prison for making scandalous allegations against judges, emphasizing the need to uphold judicial dignity.

14 June, 2024 03:40 PM
release-of-aamir-khans-sons-debut-film-maharaj-stayed-by-gujarat-hc-on-plea-by-shri-krishna-devotees
Trending Business
Release of Aamir Khan's son's debut film 'Maharaj' stayed by Gujarat HC on plea by Shri Krishna devotees

Gujarat HC stays release of Aamir Khan’s son Junaid Khan’s debut film ‘Maharaj’ till June 18 on plea by Shri Krishna devotees of the Pushtimarg sect.

14 June, 2024 05:51 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email