In Brief
Tej Bahadur, a former Border Security Force officer dismissed in 2017, filed nomination papers for the 2019 Lok Sabha election from Varanasi but failed to provide a mandatory certificate from the Election Commission confirming he was not dismissed for corruption or disloyalty. His nomination was rejected by the Returning Officer. He subsequently filed an election petition challenging the victory of Narendra Modi, claiming his nomination was wrongly rejected. The Supreme Court dismissed the petition, holding that the certificate requirement under Section 33(3) of the Representation of the People Act, 1951, is mandatory. Without compliance, he could not claim to be a duly nominated candidate and therefore lacked locus standi to challenge the election, as only electors or candidates may file election petitions.
The lawyer headnote and full judgment text are available to registered users.