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PEOPLES UNION FOR CIIL LIBERTIES, UP BRANCH versus ELECTION COMMISSION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Peoples Union for Ciil Liberties, UP Branch v. Election Commission of India and others - WRIT - C No. 31588 of 2004 [2004] RD-AH 653 (26 August 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

? IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

+  Civil Misc. Writ P

etition No. 31588 of 2004

#Peoples Union for Civil Liberties, UP Branch  

                                                                              Petitioner

$Election Commission of India and others  

                                                                Respondent

!Ravi Kiran Jain,Senior Advocate

KK Roy

Advocate for Petitioner

^BN Singh

KC Sinha

Sudhir Agarwal, AAG UP

Subhash Rathi, SC

Advocate for Respondents

*Coram

Hon'ble Yatindra Singh, J

Hon'ble VS Bajpia, J

% Date of Judgment 26.8.2004

: Judgment

WP 31588 of 2004

Hon. Yatindra Singh,J.

Hon. V.S.Bajpai,J.

This writ petition is public interest litigation. It raises some important questions. The main questions are:

I.What remedies are available to the citizens or electors, in case a candidate files a false affidavit at the time of nomination in the election?

II.What is the extent of right of information and how should it be enforced in the case a false affidavit is filed?

Admit.

Issue notice.

The notice at this stage is issued only to the Election Commission of India, Union government and Government of Uttar Pradesh. Notice to any other person is not issued at this stage.

Sri BN Singh has accepted notice on behalf of the Election Commission; Sri KC Sinha has accepted notice on behalf of the Union of India; Sri Sudhir Agarwal, Additional Advocate General UP and standing counsel have accepted notices on behalf of the State of UP. They pray for and are granted a month's time to file counter affidavit. They while filing counter affidavits will--apart from answering the writ petition--also indicate facts, suggestions and  views on the aforesaid questions. Three weeks thereafter is granted for rejoinder affidavit. List this petition for hearing in the week commencing first of November 2004 before the appropriate court hearing Public interest litigation.

Date: 26.8.2004

Rkb


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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