The Supreme Court on Friday adjourned the hearing of a plea filed by dismissed BSF jawan Tej Bahadur Yadav, in picture, who claimed that his nomination to contest from Varanasi in the Lok Sabha polls was rejected in order to orchestrate a "walkover" for Prime Minister Narendra Modi. The Returning Officer had rejected his nomination, stating that he did not furnish records to prove that his dismissal was not due to corruption. However, the petition states that Mr. Yadav had filed his dismissal letter with his nomination papers.
A Bench led by Chief Justice S.A. Bobde postponed the hearing by two weeks.
In his petition, Mr. Yadav, who was supported by the Samajwadi Party, said he found himself out of the fray after the Returning Officer (RO) had found his nomination papers faulty. The RO had rejected his nomination on the ground that he did not furnish records to prove that his dismissal from BSF was not brought about by corruption or disloyalty to the State.
The petition has contended that the RO had "completely failed to appreciate Mr. Yadav had produced his dismissal letter along with his nomination paper.
The dismissal letter, the petition said, clearly showed that the former soldier was dismissed from service for alleged indiscipline and not for corruption or disloyalty to the State.
"It seems the decision was taken keeping in mind the sensitivity of the contest in Varanasi constituency and to give walkover to the candidate of the ruling party 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. The malafide is apparent," Mr. Yadav’s petition contended.
Mr. Yadav said the RO had rejected his candidature even without waiting for the EC’s response on a representation sent by him in this regard.
The petition urged the apex court to quash and set aside the RO’s order.
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