TEJ BAHADUR versus SHRI NARENDRA MODI

TEJ BAHADUR versus SHRI NARENDRA MODI

Because the appellant was not an elector of the Varanasi constituency and his nomination papers, filed as a person dismissed from government service within five years, were not accompanied by the mandatory certificate under Section 33(3) (and he did not obtain it within the allowed time), he could not be deemed to be a duly nominated candidate and therefore had no locus to maintain the Election Petition; the petition disclosed no cause of action and was rightly dismissed under Section 81 read with Section 86(1) of the Act and CPC Order VII Rule 11.

Parties
Appellant: TEJ BAHADUR; Respondent: SHRI NARENDRA MODI
Jurisdiction
India
Judgment Date
24 November 2020
Procedural Posture
Civil Appeal / On Appeal From Allahabad High Court Order Dated 06.12.2019 Dismissing Election Petition No.17 of 2019
Outcome
Civil Appeal dismissed; High Court order dismissing the Election Petition upheld
Legal Topics
Nomination Requirements, Locus Standi, Section 33(3) Certificate, Summary Dismissal, Order VI R.16 and Order VII R.11 CPC, Sections 81 and 86(1) RPA
Representation of the People Act, 1951 Election Law Civil Procedure Nomination Requirements Locus Standi Section 33(3) Certificate Summary Dismissal Order VI R.16 and Order VII R.11 CPC +1 more

Case Brief

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Parties

TEJ BAHADUR

Appellant

SHRI NARENDRA MODI

Respondent

Procedural Posture

Civil Appeal / On Appeal From Allahabad High Court Order Dated 06.12.2019 Dismissing Election Petition No.17 of 2019

Legal Issues

  1. 1 Whether the appellant had locus to file an Election Petition when he was not an elector of the constituency and his nominations were not accompanied by the certificate required by Section 33(3) of the Representation of the People Act, 1951
  2. 2 Whether a person dismissed from public service who did not produce the certificate under Section 33(3) can claim to be a duly nominated candidate
  3. 3 Whether the Election Petition disclosed a cause of action

Ratio Decidendi

Because the appellant was not an elector of the Varanasi constituency and his nomination papers, filed as a person dismissed from government service within five years, were not accompanied by the mandatory certificate under Section 33(3) (and he did not obtain it within the allowed time), he could not be deemed to be a duly nominated candidate and therefore had no locus to maintain the Election Petition; the petition disclosed no cause of action and was rightly dismissed under Section 81 read with Section 86(1) of the Act and CPC Order VII Rule 11.

Court Disposition

Civil Appeal dismissed; High Court order dismissing the Election Petition upheld

Orders

  • Civil Appeal dismissed
  • Election Petition dismissed for lack of locus and failure to comply with statutory nomination requirements (Section 33(3) RPA)