New Delhi | Senior Advocate Prashant Bhushan will appear for former BSF Jawan Tej Bahadur Yadav in Supreme Court where he has filed a petition against the rejection of his nomination from the Varanasi Constituency in the ongoing Lok Sabha election.
The Election Commission had canceled Yadav’s nomination as the Samajwadi Party’s candidate on the grounds of Corruption or disloyalty. The poll body had served a notice to the SP’s Varanasi nominee directing him to procure a no-objection certificate (NOC) from the Border Security Force clarify the cause of his dismissal by 11 am on May 1.
The reason was a discrepancy between the two sets of nomination papers he filed. Yadav in his first nomination as an independent candidate had details of his dismissal from the BSF while in his 2nd nomination as a Samajwadi Party candidate, he had omitted details of his dismissal.
According to the statement issued by the returning officer of Varanasi regarding the cancellation of Bahadur nomination stated “A certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of the fact: Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.”
The district magistrate further claimed that Tej Bahadur nomination was rejected because the related certificate demanded by the returning officer was not produced before 11 am.
The rules state that a dismissed employee of the central or state government has to submit a clearance from the Election Commission that states he has not been sacked for “corruption or disloyalty to the state”. Those dismissed for these reasons cannot contest elections for five years after the dismissal.
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