Thread by @barandbench

Supreme Court bench led by CJI SA Bobde to shortly hear a BSF Jawan’s plea challenging Prime Minister Narendra Modi's election from Varanasi in 2019.

@narendramodi
#SupremeCourt

Allahabad HC had last year dismissed the plea challenging PM @narendramodi 's election from Varanasi Lok Sabha constituency.

Senior Adv Harish Salve to appear for the Prime Minister

#SupremeCourt

Petitioner: We have circulated a letter

CJI: We have adjourned it enough. You have taken enough time and you are abusing the process of law. We want to go on with the matter.

CJI: At that time of nomination which was rejected, did you belong to a party?

Petitioner: On 23rd April i filed as an independent candidate, on April 29, I filed through Samajwadi Party

@samajwadiparty

Petitioner: returning officer gave me notice on April 30 and my nomination was rejected next day. Sufficient time was not given and that it is itself a ground to dismiss the election petition.

Petitioner: statute provides that sufficient time needs to be given. Representation of Peoples Act mandates a time of 24 hour to be given. I was given notice at 6.30 pm on April 30 and rejection was on May 1

CJI: so you say you did not get time to scrutinize?

Petitioner: there was not sufficient time to obtain certificate from election commission.

CJI: But law says next day after scrutiny and here scrutiny was on April 30.

Senior Advocate Harish Salve: You have to go to the EC to get a certificate

Petitioner: Mr Salve is appearing, please issue notice and let him file a vakalatnama

CJI: every day we hear an advocate like this on the admission stage. We are hearing you respondent is the unique office and he is the Prime Minister of India. We can't let it be carried on like this. Argue now

CJI: scrutiny was not on May 2?

Petitioner: My candidature rejected on May 1, 11 am

Salve: You have to ask for time and there is an outer limit for that. He had to go apply and get the certificate. It can't happen automatically

Salve: He files once as independent and then as a member of Samajwadi Party. Returning officer called and asked him which one is correct and thereafter his candidature was rejected. Candidate can ask for 2 days but he did not ask for time.

CJI: Show us where did you ask for time and how did HC deal with it

Petitioner: please give me sometime

Senior Advocate Harish Salve reads the Allahabad HC judgment.

CJI: has the HC dealt with the request of extension of time?

Salve: He did not ask for it.

CJI: do you know what we are asking you? (To the petitioner)

Salve: It is Para 32 which he argued.

CJI: don't make an incorrect statement in court that you have sought for time. Last time we are asking you this

Petitioner: kindly give a passover.. I will show it to you

CJI: this case has been going on for a long time. We are giving you time. Argue..

Salve: He has not raised the extension of time point before you, forget the High Court

CJI: yes I and Brother AS Bopanna have heard this matter atleast three times

Salve: If you read his plea it can be seen that he tried to enter Election Commission at 9 am but he was not allowed to enter

Petitioner: please give me some time and pass it over

CJI: you don't want an opportunity right now when we are giving it. You want it later. We will wait, you argue.

Petitioner reads the HC judgment

CJI: where is the evidence that you have asked time and was it shown before the High Court?

Salve: Tej Bahadur only sought time from Allahabad HC to place some documents after collecting the same from EC

CJI: ok

Salve: since my friend is struggling with papers

Petitioner: Please pass it over

CJI: its too important to pass it over. Please argue, adjournments have gone on for long in this case

Petitioner: kindly look at Page 230. This is the order of the returning officer

CJI: We are not asking for this. Where is the request for time? We want to see the request....

Petitioner: please keep the hearing tomorrow

CJI: enough adjournments

Petitioner: returning officer has himself said that extension was sought

(Reads the order of returning officer)

CJI: anything else?

Supreme Court closes the case for orders.

"Matter too important," Supreme Court refuses adjournment, pass-over in plea against election of PM Narendra Modi, reserves verdict

@narendramodi @PMOIndia #SupremeCourt

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