PM Modi’s 2019 Election From Varanasi: Ex-BSF Jawan Moves SC Against Allahabad HC Order

first_imgTop StoriesPM Modi’s 2019 Election From Varanasi: Ex-BSF Jawan Moves SC Against Allahabad HC Order Sanya Talwar17 May 2020 9:07 AMShare This – xA plea has been filed in the Supreme Court challenging the election of Prime Minister Narendra Modi’s election from Varanasi in the 2019 general election.”That in this election petition the appellant under sections 80, 80A and 84 read with section 100 of the Representation of the People Act, 1951, has prayed to declare the election of the respondent from the 77th Lok Sabha…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA plea has been filed in the Supreme Court challenging the election of Prime Minister Narendra Modi’s election from Varanasi in the 2019 general election.”That in this election petition the appellant under sections 80, 80A and 84 read with section 100 of the Representation of the People Act, 1951, has prayed to declare the election of the respondent from the 77th Lok Sabha Parliamentary Constituency Varanasi, Uttar Pradesh to be void and to cancel/discontinue the order dated 1/05/2019 passed by the Electoral Officer/Returning Officer [declaring the Appellant’s nomination invalid]” – Excerpt of the PetitionFormer BSF Officer  Mr. Tej Bahadur has challenged the order of the Allahabad High Court passed on December 16, 2019  by way of Civil Appeal, in which the Court had dismissed the Election petition of Bahadur on ground of lack of locus standi & that the HC has failed to appreciate the misuse of provisions under Sections 9 & 33(3) of the Representation of the People Act, 1951 by the District Election Officer.Furthermore, the plea drawn by by Advocate Pradeep Kumar & filed by Advocate Sanjeev Malhotra states that the Election petition by the Allahabad High Court had not taken into account the merits of the case and had wrongly decided the plea on “mere technical grounds” of Order VII Rule 11 CPC”.The plea avers that the Allahabad High Court has committed a “grave error” in holding that the appellant has no locus as being an an unregistered voter of the Varanasi Lok Sabha Constituency & being a non-resident of Varanasi.”Because the High Court failed to appreciate that the nomination letter of the appellant has been inappropriately rejected by misusing the legal provisions, due to which the 2019 election of the 77th Parliamentary Constituency is liable to be declared as void on the basis of the section 100(1C) of the Representation of the People Act, 1951″ – Excerpt of Petition (One of the Grounds)In light of this, the appellant contends that the High Court has not taken into account the settled law laid down by the Supreme Court which states that any person who has filed nomination in any constituency and his candidature has been rejected by the Returning Officer, “then he has locus to file Election Petition on sole ground of his rejection order” apart from having completed the age of 25 years, being a Citizen of India, should not have been punished/ convicted by any court of law, is not guilty of any type of moral turpitude and must be of sound mind.Following this, he was given a ticket by the Samajwadi Party, whereafter he filed his second nomination for the 77th General Elections in 2019, but was later cancelled by the Election Officer of Varanasi U.P.Furthermore, the plea inter alia, questions the justification of the rejection of the Election Petition of the Appellant vide the impugned order in terms of the stipulation of Section 80 of the Representation of Peoples Act, 1951.The plea further purports to the sequence of events wherein the appellants nomination was rejected “unfairly” and “in a partisan manner” that led to filing of the earlier SLP preferred before the Supreme Court, which was in effect dismissed on May 9, 2019.Ex-BSF jawan Tej Bahadur Yadav had approached the Supreme Court challenging the decision of the Returning Officer to reject his nomination as from Varanasi constituency, from where Prime Minister Narendra Modi was seeking re-election.In 2017, Yadav had uploaded a video in social media where he complained that poor quality food was being served to personnels guarding the Indo-Pak border.This led to a huge furore and a court martial enquiry was held against him, which culminated in his dismissal on grounds of making false complaints in media.Yadav had initially announced that he would take on Prime Minister Narendra Modi in Varanasi as an independent candidate.Next Storylast_img read more

Some Guyanese clamouring to return home

first_imgAftermath of Hurricane Irma– CDC facilitating delivery of relief supplies to AntiguaBy Samuel SukhnandanSeveral Guyanese living on some of the islands that have been ravaged by Hurricane Irma have expressed interest in returning home, while others prefer to remain and assist with the rebuilding efforts in their adopted homes, Civil Defence Commission (CDC) Director General, Colonel (retired) Chabilall Ramsarup, has said.CDC Director General, Colonel (rtd) Chabilall RamsarupRamsarup told Guyana Times on Monday that a team consisting of Citizenship Minister Winston Felix, two members of the Foreign Affairs Ministry, one from the CDC, and a public relations official from the Office of the Prime Minister visited Antigua, St Maarten and Tortola, British Virgin Islands.Arrangements were put in place by Caribbean Airlines to evacuate those who wish to return home. Caribbean Airlines offered free evacuation flights, for one day only, from Princess Julianna International Airport in Phillipsburg, St. Maarten to Piarco International Airport in Port-of-Spain, Trinidad.Last week, Guyanese nationals living on the BVI have been encouraged to return home. A senior Government official on that island was reported as encouraging non-nationals, including Guyanese, to leave the British Overseas Territory. This call was made even as several Guyanese and Vincentians were among other non-BVI nationals being housed in a centre partially destroyed by the hurricane.The Department of Public Information (DPI) has reported that a number of Guyanese had opted to join the flight. Charter flights are still operational, while commercial flights have been temporarily halted.Meanwhile, the CDC Director General told this publication also that an aircraft with 2900 pounds of relief supplies was sent to Antigua, and that a number of containers are being prepared to be sent there also. Relief supplies such as food, medicine and pharmaceuticals are part of the items to be shipped.While the Guyanese team to Antigua, St Maarten and Tortola was due to return on Monday, members were unable to do so, because all airports were closed to facilitate the passage of another hurricane. In the meantime, the team, he said, will continue to monitor the situation and see how best they can assist Guyanese who are in dire need of emergency items for themselves and their families.Ramsarup also explained that the local private sector had a consultation to determine how they could assist. He said there have been favourable responses coming from the body representing that grouping — the Private Sector Commission. Relief supplies have been donated for shipment to the affected islands.No praisesMeanwhile, although DPI reported on September 16 that Guyanese living on St. Maarten had expressed gratitude to the Government for sending in the needs assessment team, a Guyanese living on that island, named Carshena Gordon, said in a social media post that she was not informed of the meeting with the Guyanese team.“I’m one of the few who are able to connect to social media, and I was not aware of any meeting. Every day I check social media, and only read that an assessment team was being put together. Why wasn’t there any post with date and time of meeting?” she enquired.Gordon also inquired why people only heard of the meeting after it was held, and what were the findings. “Nobody asked me ‘jack squat’; so are you guessing my needs and those of others to send what y’all want, when y’all want?” she further questioned.The Guyanese national feels that relief being assembled will be distributed to a selected few. She also used the opportunity in that social media post to thank the Governments of St Maarten and Dominica for food and water. “If I had to depend on my own I’d be dead by now…Anytime I hear relief from Guyana share and I’m not informed I’m writing the Minister.”Although rebuilding efforts have commenced in some islands, a lack of communication still remains a major issue that the regional response effort faces. While there is a basic framework of communication, such as Honorary Consuls, Ambassadors and other diplomatic representatives, the storm has ravaged communications infrastructure, especially in places like St Maarten, St Barts and Barbuda.Hurricane Irma was one of the most powerful hurricanes ever recorded over the Atlantic Ocean. It has completely devastated Barbuda, and affected jurisdictions such as St Maarten, St Barts, St Kitts and Nevis, Montserrat, Anguilla, Turks and Caicos, and the British Virgin Islands.last_img read more