Allahabad HC Dismisses Plea Challenging PM Modi’s Election From Varanasi LS Seat
It must be noted that the order was passed on an election petition filed by Tej Bahadur Yadav, who was declared by the Samajwadi Party as its Varanasi candidate in the last Lok Sabha elections.
Lucknow: The Allahabad High Court on Friday dismissed a petition challenging the election of Prime Minister Narendra Modi from Varanasi constituency.
It must be noted that the order was passed on an election petition filed by Tej Bahadur Yadav, who was declared by the Samajwadi Party as its Varanasi candidate in the last Lok Sabha elections. Tej Bahadur had filed the petition alleging that his nomination papers were wrongly rejected by the returning officer.
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Further, he had also requested the court to declare the election of PM Narendra Modi null and void.
Tej Bahadur Yadav could not contest the elections as his nominations papers were not accepted by the returning officer. His plea was dismissed by Justice Manoj Gupta, who held that petitioner Tej Bahadur Yadav was not a candidate in the elections.
Therefore, he had no locus to challenge the election of a candidate who was declared successful in the polls, the court said.
Nomination papers of Yadav were rejected by the returning officer following his failure to submit a certificate about his dismissal.
Prior to this, senior advocate appearing on behalf of PM Modi, Satyapal Jain, submitted the plea was not maintainable under Order 7 Rule 11 of the Civil Procedure Code and Section 86 of the Representation of the People Act as no cause had been explained and there was no allegation of malpractice.
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