TEJ BAHADUR Vs. SHRI NARENDRA MODI

JUDGEMENT

(1.) This appeal arises out of the order passed by the Allahabad High Court in Election Petition No. 17 of 2019 allowing the respondent's application under Order VI Rule 16 and Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') read with Section 86(1) of the Representation of the People Act, 1951 (hereinafter referred to as 'Act') and thereby dismissing the Election Petition filed against him. The said application was filed in the Election Petition questioning the election of the respondent Shri Narendra Modi to the 17th Lok Sabha from 77th Parliamentary Constituency (Varanasi), held in April - May 2019.

(2.) In the Election petition the appellant had prayed for declaring the election of the respondent to be void on the ground that the appellant's nomination was improperly rejected and further that the nomination of the respondent was wrongly accepted for want of disclosure of certain facts. Further, that the election was vitiated on account of misuse of official power by the Returning Officer and the Election Observer.

(3.) After due service, the respondent Shri Narendra Modi filed the application for dismissal of the petition contending that the petition does not disclose any cause of action and the appellant had no locus to file the petition in the absence of a certificate. The Allahabad High Court after hearing parties, by a detailed order dismissed the Election Petition on the ground that the appellant had no locus to challenge the election of the respondent from the Varanasi Parliamentary Constituency since the appellant was neither an elector for such constituency nor was he a candidate.