VidhiSangh

Supreme Court of India · 24/11/2020

TEJ BAHADUR versus SHRI NARENDRA MODI

[2020] 13 S.C.R. 554 · 2020 INSC 655

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld rejection of Tej Bahadur’s election petition for want of standing. Dismissed from government service within five years, he had failed to furnish the mandatory Election Commission certificate accompanying a valid nomination. He could therefore neither claim candidate status nor rely on elector status in the Varanasi constituency. His own pleadings disclosed no right to maintain the challenge.

Issues

  1. Whether a person whose nomination lacked the mandatory certificate could claim candidate status and maintain this election petition.
  2. Whether the objection concerning additional scrutiny time justified interference.

Provisions considered

Held

Result

Civil appeal dismissed; threshold dismissal of the election petition upheld for lack of standing and a disclosed right to sue. No adjudication of the other election allegations was required.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 554.