The nomination papers of Samajwadi Party candidate and sacked Border Security Force (BSF) jawan Tej Bahadur, a resident of Haryana, were rejected by the returning officer on Wednesday.
According to returning officer, the nomination papers of Tej were found invalid on the basis of provisions of disqualification for dismissal for corruption or disloyalty.
Tej filed nomination papers first as an Independent candidate and then as SP candidate when on the last day of nomination, the party gave him its authorisation letter, creating confusion as the SP had earlier declared former Congress mayoral candidate Shalini Yadav as its candidate.
Her nomination is found valid. It is yet not clear whether the party would now support Shalini as a candidate of SP-BSP alliance or not.
The provision says, “(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal, (2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact: Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.
Many senior SP leaders including district chief Piyush Yadav who were seen taking part in nomination procession of Shalini Yadav, were present at the district headquarters and protested against the cancellation of papers of Tej Bahadur.
Tej Bahadur said that if he is not given justice he would move the High Court and the Supreme Court.
Earlier, in a letter sent to the district election officer, Tej Bahadur said, “The fundamental rights provided under Article 19 (1) (a) of the Constitution of India to the voters of the areas is being blatantly breached. In this regard, it is respectfully submitted that the candidate of Samajvadi Party from 77-Varanasi Parliamentary Constituency namely Sh Tej Bahadur while filling nomination papers has not complied with the provision of Section 33 (3) of the Representation of People Act, 1951 and his nomination papers are liable to be summarily rejected by the virtue of section 36(2) (b) of the Representation of People Act, 1951.
“In furtherance of the above mentioned it is to pertinent to mention here that Sh Tej Bahadur who was dismissed from the service of Border Security Force (Paramilitary Force of Government of India) on specific charges of :- An act pre-judicial to good order and discipline of the force in which he made false allegations on social media regarding the quality of food and did not adhere to the formal grievance redressal mechanism of the force. Neglect to obey general orders of the force in which he carried two mobile phones while on operational duty against the SOP and also posted photographs.”