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NAGAR NIKAY CHUNAV SAMITI KAUSHAMBI CONGRESS (I) versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Nagar Nikay Chunav Samiti Kaushambi Congress (I) v. State Of U.P. And Others - WRIT - C No. 59471 of 2006 [2006] RD-AH 18443 (1 November 2006)

 

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

Court No.10

             Civil Misc. Writ Petition No. 59471 of 2006                              

Nagar Nikay Chunav Samiti Kaushambi

Congress (I). . . . . .  .. . .. .  . .  . . . . . . . . ...  . .  .  . . . . . . Petitioner.

                                   Versus

State of U.P. and others. . .  . . . . .  . . . .  . . .  . .  . . . .   . .Respondents.

        ----

Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,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.

Dated: 1.11.2006

RPP.  


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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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