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The Supreme Court (SC) today (Wednesday, May 8) asked the Election Commission (EC) to examine complaint of former BSF jawanTej Bahadur Yadav, whose nomination against Prime Minister Narendra Modi in Varansai was cancelled,and revert by tomorrow.<\/p>\n
Counsel for Tej Bahadur Yadav referred to an earlier verdict to the court and said election petitions can be filed during the enforcement of the Model Code of Conduct (MCC).<\/p>\n
Tej Bahadur Yadav had moved the top court challenging the decision of Returning Officer (RO) to reject his nomination papers from Varanasi Lok Sabha seat, saying it was intended to \u201cgive walkover\u201d to PM Modi.<\/p>\n
The RO had on May 1 rejected the nomination papers of Yadav, a Samajwadi Party candidate.<\/p>\n
Yadav was dismissed from BSF in 2017 after he posted a video online complaining about the food served to the troops.<\/p>\n
The Samajwadi Party had initially fielded Shalini Yadav as its candidate to contest against Modi and later nominated the sacked BSF jawan.<\/p>\n
The EC official held that Tej Bahadur Yadav failed to furnish a certificate as mandated under the Representation of Peoples (RP) Act to the effect that he has not been \u201cdismissed for corruption or disloyalty to the state\u201d.<\/p>\n
While rejecting the nomination papers of Yadav, the RO had observed that \u201cthe nomination paper is neither accompanied by certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the state.\u201d<\/p>\n
Tej Bahadur Yadav has sought setting aside of RO\u2019s decision and the apex court\u2019s nod to contest elections from high-profile Varanasi seat where voting is slated to taken place on May 19.<\/p>\n
\u201cWhile passing the impugned order…the RO completely failed to appreciate that the Petitioner (Yadav) had produced his dismissal letter along with his nomination paper which clearly shows that he was dismissed from service for alleged indiscipline and not for corruption or disloyalty to state, as is provided under Section 9 and Section 33 (3) of the (RP) Act,\u201d the plea had said.<\/p>\n
Tej Bahadur Yadav, in his reply to RO\u2019s first notice of April 29, had submitted that he was dismissed from BSF due to \u201cindiscipline\u201d which is not covered under the election law and hence, a certificate from EC to that effect was not required, the plea said.<\/p>\n
\u201cThe RO issued second notice on April 30 asking the Petitioner (Yadav) to submit required certificate to the effect that he has not been dismissed for corruption or disloyalty to the state by 11 am on May 01.<\/p>\n