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ELECTION PETITION AGAINST PM NARENDRA MODI NOT MAINTAINABLE : SATYA PAL JAIN

August 21, 2019 08:17 PM

JUSTICE MANOJ KUMAR GUPTA OF THE ALLAHABAD HIGH COURT ISSUED NOTICE ON THE APPLICATION TO THE PETITIONER AND FIXED SEPTEMBER 4, 2019 FOR ARGUMENTS ON THE APPLICATION. 


Allahabad  (Face2News)

PM Narinder Modi and Petitioner Tej Bahadur (File)
Sh. Satya Pal Jain, Senior Advocate, who appeared for Sh. Narendra Modi, Prime Minister , in an Election Petition filed by Sh.Tej Bahadur against him, told the Allahabad High Court on Wednesday  that the petition filed by Sh. Tej Bahadur against Sh. Narendra Modi is not maintainable and the petitioner has no locus or any right to file an Election Petition against Sh. Narendra Modi challenging his election from Varanasi Parliamentary Constituency to Lok Sabha held in May 2019.

sATYAPAL jAIN
It may be mentioned that Sh. Tej Bahadur, whose nomination papers were rejected has filed an Election Petition against Sh. Narendra Modi on the ground that his nomination papers were wrongly rejected.

Appearing for Sh. Narendra Modi, Sh. Jain submitted an application seeking the dismissal of Election Petition in limine under Order 7 Rule 11 of the CPC. Sh. Jain said that under Section 81 of the Representation of People Act, 1951, the Election Petition can be filed against the returned a candidate either by a voter or a duly nominated candidate.

He said that Mr. Tej Bahadur is not a voter in the Varanasi Parliamentary Constituency. He also said that since Sh. Tej Bahadur did not file a certificate issued by the Election Commission of India along with his nomination papers, his nomination papers were rightly rejected and, as such, he was not a duly nominated candidate. He said that Sh. Tej Bahadur does not fall either under the category of an elector or a duly nominated candidate. Therefore, he cannot file an Election Petition. He urged the Court to dismiss the Election Petition without putting is to the trial.

After hearing Mr. Jain, Justice Manoj Kumar Gupta of the Allahabad High Court issued notice on the application to the petitioner and fixed September 4, 2019 for arguments on the application. 

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