Allahabad, October 17, 2019. Sh. Satya Pal Jain, Senior Advocate, who appeared for Sh. Narendra Modi, Hon’ble Prime Minister of India, in an Election Petition filed by Sh. Tej Bahadur against him, argued before Justice Manoj Kumar Gupta of the Allahabad High Court today 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.

Citing various judgements of the Supreme Court, Sh. Jain submitted that the petitioner has no locus to file the election petition. He concluded his arguments seeking dismissal of the Election Petition. On the request of Sh. Shailendra Shrivastav, Senior Advocate, appearing for the petitioner, the Court adjourned the matter to 23 October 2019 for replying to the arguments of Mr. 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 made these submissions during the hearing of the application seeking the dismissal of Election Petition in limine under Order 7 Rule 11 of the CPC, which was fixed for arguments today. 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 it to the trial.

After Mr Jain concluded his arguments, the Court adjourned the case to 23 October 2019 for the arguments of the counsel for the petitioner.