Dismissed BSF constable Tej Bahadur Yadav, who tried last year to file his nomination papers for Varanasi Lok Sabha constituency from where Prime Minister Narendra Modi was seeking re-election, on Tuesday filed a petition before the Supreme Court challenging the Allahabad High Court's order.
Tej Bahadur has filed the appeal before the apex court and challenged the judgment of 6th December, 2019, passed by the Allahabad High Court, wherein it had dismissed the election petition of the appellant on the ground of no locus in the case. "Allow the present appeal and set aside the judgment of 6th December, 2019, passed by the Allahabad High Court," Tej Bahadur Yadav's lawyer, Pradeep Yadav, said in his petition.
The petition of Tej Bahadur stated that the Allahabad High Court had failed to appreciate that the Returning Officer (RO) had arbitrarily rejected the nomination without following the procedure laid down by law and in clear violation of the principles of natural justice.
The plea stated that because the High Court failed to appreciate that no evidence had been led before the High Court and election petition has been rejected on frivolous grounds.
It also said that the Allahabad High Court had failed to appreciate that no inquiry had been done by the RO before rejecting the nomination of the appellant.
"The Allahabad High Court had also committed grave error because without taking into consideration the law laid down by this court that when any person has filed his nomination in any constituency and his candidature has been rejected by the RO, then he has locus to file election petition on sole ground of his rejection," Tej Bahadur's plea claimed.
The Supreme Court had rejected Tej Bahadur 's petition in May last year, and asked him to approach the Allahabad High Court for relief.
Tej Bahadur had approached the Allahabad High Court, which had also rejected his petition prompting him to file an appeal before the apex court challenging the HC's order of dismissal.