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Javed v. Lok Ayukt U.P. And Another - WRIT - C No. 15630 of 2006 [2006] RD-AH 6258 (22 March 2006)


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Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard the petitioner who has appeared in person.

The petitioner is challenging an order of Lokayukta, Uttar Pradesh, dated 12.9.2005 by which the Lokayukta has closed the matter on the ground that the charges leveled by the petitioner have been found upon an inquiry to be without force.

The petitioner challenges the order on the ground that it does not contain any reason as required by the Act, but as stated above the reason is mentioned in the order.  

More importantly we have examined the complaint made by the petitioner, which has been enclosed in this writ petition.  The allegations in the complaint are that the petitioner wanted to contest the election for becoming a Member of Parliament.  He went to the S.D.M. to seek permission for taking out procession for filing his nomination.  According to the allegation of the petitioner, the S.D.M. abused and beat the petitioner.

A person seeking to contest the election to Lok Sabha normally does not go alone to the S.D.M. for such permission, without supporters.  If supporters are accompanying such person it is wholly unlikely for the officer of the rank of S.D.M. to abuse and beat such person.  

We are therefore satisfied that the order of Lakayukta closing the matter upon finding that charges leveled by the petitioner are frivolous, does not call for any interference in exercise of our discretionary jurisdiction under Article 226 of the Constitution of India.

The writ petition is therefore dismissed.  




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