The Supreme Court on Tuesday dismissed a plea by sacked Border Security Force jawan, Tej Bahadur, challenging the election of Prime Minister Narendra Modi to Lok Sabha in 2019 from Varanasi constituency.
A bench of Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian said the appeal is dismissed.
On November 18, the Chief Justice had said the Prime Minister’s Office is a “unique office”, as it denied adjournment during the hearing of Bahadur’s plea. Bahadur’s counsel repeatedly sought adjournment, as he was unable to answer a specific query by the top court.
“This is too important a matter to be adjourned so many times. The respondent occupies a unique office. He is the PM of India,” the Chief Justice said.
“We cannot hear this case indefinitely. It is too important to pass over, we are hearing you and not cutting you short. The adjournment has gone into months in this case,” CJI Bobde added.
After a detailed hearing in the matter, the Supreme Court had earlier reserved its order on a petition by sacked the BSF trooper against election of Modi from Varanasi in 2019.
Bahadur had moved the top court challenging an Allahabad High Court order, which had dismissed his election petition against the Prime Minister.
Earlier, the top court allowed the Centre’s plea to adjourn the hearing in the matter and sought its hearing after the Diwali vacation.
Bahadur’s nomination papers were rejected as the Samajwadi Party candidate in Varanasi constituency in the 2019 Lok Sabha polls. Bahadur filed a special leave petition before the top court where he contended that his nomination papers were rejected by the returning officer allegedly under pressure from the BJP. He has urged the top court to set aside the rejection of his nomination papers. He was sacked from service after he released a video in 2017 complaining about the quality of food served to soldiers.
Senior advocate Harish Salve represented Modi.