SC rejects sacked BSF constable's plea challenging PM Modi's election from Varanasi

The Supreme Court on Tuesday dismissed a plea by Tej Bahadur, a sacked BSF constable, against the Allahabad High Court's order that had dismissed his election petition against Prime Minister Narendra Modi.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said the High Court had rightly dismissed the petition by Tej Bahadur. The court had on November 18 wrapped up hearing in the matter, rejecting repeated requests by petitioner's counsel for adjournments.

Senior advocate Harish Salve, appearing for Modi, said that this gentleman (petitioner) filed two nomination papers, one as independent and another for Samajwadi Party. In one, he said, he was dismissed from the job, and in another, he denied it, Salve added.

Tej Bahadur's nomination papers were rejected as the Samajwadi Party candidate in Varanasi constituency in 2019 Lok Sabha polls.

He challenged the validity of the High Court's judgement of December 6, 2019. The High Court has dismissed his election petition as having no locus and further that he was neither a registered voter nor the resident of Varanasi Lok Sabha constituency.

In a special leave petition, he contended that his nomination papers were rejected by the returning officer under "illegitimate pressure" from BJP.

"The officer acted in an arbitrary manner and the High Court also committed a grave error by ignoring the fact that when any person files nomination in a constituency and his candidature has been rejected, then he has locus to file election petition," his plea contended.

The petitioner sought a direction to set aside the rejection of his nomination papers on May 1, 2019, and take action against the returning officer for misuse of his official powers.

The petitioner was sacked from the BSF after a video, in which he showed the alleged poor quality of foods served to jawans, went viral on social media networking sites.