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Nagar Nikay Chunav Samiti Kaushambi Congress (I) v. State Of U.P. And Others - WRIT - C No. 59471 of 2006  RD-AH 18443 (1 November 2006)
Civil Misc. Writ Petition No. 59471 of 2006
Nagar Nikay Chunav Samiti Kaushambi
Congress (I). . . . . . .. . .. . . . . . . . . . . . ... . . . . . . . . . Petitioner.
State of U.P. and others. . . . . . . . . . . . . . . . . . . . . . .Respondents.
Hon'ble A.K. Yog,J.
This is a writ petition against order dated 13.10.2006 ( Annexure no. 2 to the writ petition ) passed by respondent no. 3 transferring Sub Inspector Rajesh Srivastava posted at Reporting Out Post Bharwari police station Kokhraj district Kaushambi to security duty, High Court, Allahabad for a period of six months in view of the transfer order dated 2.7.2006 passed by the Deputy Inspector General of Police, Allahabad Range, Allahabad in view of the family circumstances of the said official.
We have heard learned counsel for the petitioner and the learned Standing Counsel for the State of U.P. as well as the Election Commission, Uttar Pradesh, Lucknow.
The petitioner claiming to be Nagar Nikay Chunav Samiti, Kaushambi, Congress (I) filed a representation dated 16.10.2006 ( Annexure no.3 to the writ petition ) before the Election Commission, Uttar Pradesh, Lucknow, respondent no. 2 alleging violation of the election code ( copy of which has been filed as Annexure no. 1 to the writ petition ). The learned counsel for the petitioner stated that the election code was made applicable with effect from 25.9.2006. The transfer order was passed on 2.7.2006. It is clear that in fact transfer order was passed much before the election code was made applicable. Hence, the petitioner has no locus standi in the matter and, if so advised, it may approach the Election Commission, Uttar Pradesh, Lucknow and pursue its representation dated 16.10.2006 there.
The writ petition is not maintainable and it is dismissed in limine subject to above observations.
No order as to costs.
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