INDIA
Yadav is seeking a fresh chance to fight PM Narendra Modi but was disqualified as he failed to produce a certificate indicating that his dismissal was not on grounds of corruption or disloyalty
The Supreme Court on Wednesday asked the Election Commission to examine the petition filed by dismissed Border Security Force (BSF) constable Tej Bahadur Yadav challenging the EC's decision to cancel his nomination from Varanasi parliamentary seat.
Yadav is seeking a fresh chance to fight Prime Minister Narendra Modi but was disqualified as he failed to produce a certificate indicating that his dismissal was not on grounds of corruption or disloyalty.
Appearing for Yadav, advocate Prashant Bhushan cited a past decision of the apex court which said that technical objections cannot come in the way of a candidate's right to contest elections. The bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta asked the EC counsel, present in Court for another case, to examine the petition and state the legal position by Thursday.
The former BSF jawan's nomination was rejected on May 1 by the Returning Officer who demanded a certificate under Section 9 and Section 33(3) of the Representation of Peoples Act, 1951 in order to contest polls as a dismissed personnel of the paramilitary force cannot contest for a period of five years. Yadav was dismissed in April 2017.
Seeking a fresh chance to contest the Lok Sabha polls in Varanasi scheduled for May 19, Yadav said, "It seems the decision (to disqualify him) has been taken keeping in mind the sensitivity of the contest and to give a walkover to the candidate of the ruling party (PM Modi) by disqualifying the petitioner, whose candidature was gaining momentum and was therefore also supported by the main Opposition alliance of two major political parties in the state (BSP and SP)."
Yadav further maintained that the subsequent notice to produce this certificate was issued to him on April 30 at 6 pm. He gave a detailed representation by the next afternoon but claimed lack of sufficient time to produce the certificate.
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