Justice MK Gupta fixed the hearing on the matter for August 21. The reason given for rejection of Yadav's papers was his failure to submit a certificate that he was not sacked from the BSF for either corruption or disloyalty. In his election petition, Yadav alleged that his nomination paper was wrongly rejected and requested the court to declare null and void PM Modi's election as member of Parliament from Varanasi.
After hearing the petitioner's counsel who argued that Yadav was not given an opportunity of being heard before rejection of his nomination papers, the court issued notice to PM Modi. In its notice rejecting Yadav’s nomination, the election panel had said that government employees who have been dismissed for 'corruption or disloyalty to the state' shall be disqualified from campaigning for five years.
While filing his nomination, Yadav had accepted that he was dismissed from the BSF. However, later, he reportedly removed this from his nomination form. The Election Commission (EC) had ordered the former soldier to produce a no-objection certificate from the BSF or face disqualification. After his nomination was cancelled by the poll panel, the former soldier had moved Supreme Court against the EC’s decision, but the top court rejected his petition.
Yadav was sacked from the BSF in 2017 after his video went viral on various social media platforms where he was seen talking about bad quality food being served in Indian Army. He claimed that watery pulse and burnt chappatis are served to soldiers in BSF.
The video sparked massive outrage among the public and even Prime Minister's Office had to intervene to seek report on the issue. Later, Yadav was dismissed from services after a court of inquiry found him guilty on charges of indiscipline for going public with his grievances.