Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Parole Of Udai Bhan Singh MLA Stayed - EC To Inform Disqualification Development.
JUDGEMENT TITLE : Sarvesh Narain Shukla Vs. State Of U.P. Thru' Principal Secy. & Others. On 04/04/2005 By Allahabad High Court
CASE NO : WRIT - C NO. 11529 OF 2005
CORAM : Hon'ble Yatindra Singh,J. And Hon'ble Raghunath Kishore Rastogi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WP No. 11529 Of 2005

Hon'ble Yatindra Singh,J
Hon'ble R.K.Rastogi,J
Counsel For The Petitioner Submits That Sri Udai Bhan Singh Is The Sitting M.L.A. He Has Been Convicted Under Section 302 Of The Indian Penal Code By The Trial Court On 24.4.2004 And His Appeal Has Been Dismissed On 28.1.2005. He Has Been Granted Parole On 10.2.2005. This Has Been Extended On 17.2.2005. The Petitioner Has Filed Writ Petition No. 11529 Of 2005 For Cancelling The Parole Granted To Sri Udai Bhan Singh. He Has Also Filed Writ Petition No. 14078 Of 2005 To Disqualify Sri Udai Bhan Singh As M.L.A..
Issue Notice In Writ Petition No. 11529 Of 2005 To The Respondents. In This Writ Petition The Notice On Behalf Of The Respondents No.1 To 6 Has Been Accepted By The Standing Counsel. Issue Notice To Respondent No.7 By Registered Post. The Office Will Give A Date For Appearance Of Respondent No. 7 Prior To 4th April, 2004. List This Writ Petition On 4.4.2005 For Admission.
Issue Notice In Writ Petition No. 14078 Of 2005 To The Respondents. Notice On Behalf Of Respondent No. 1 Has Been Accepted By Sri B. N. Singh And Notice On Behalf Of Respondents No.2 And 3 Has Been Accepted By Standing Counsel. Issue Notice To Respondent No.4 By Registered Post.
The Order Granting Parole Does Not Indicate Any Reason. The Respondent No. 2 In Writ Petition No. 11529 Of 2005 Will File Counter Affidavit By The Next Date Indicating Justification , If Any, For Granting Parole To Sri Udai Bhan Singh.
In The Meantime, The Respondents In Writ Petition No. 14078 Of 2005 Will Take Appropriate Legal Action Under The Law So Far Disqualification For Sri Udain Bhan Singh As MLA Is Concerned. The Respondent No.2 In Writ Petition No.14078 Of 2005 Will Also File Counter Affidavit Informing The Court As To What Has Been Done In This Regard.
In Case The Petitioner Files Any Application For His Personal Security Then That May Also Be Looked Into By The Respondents.
4.3.2005
MLK/13


Writ Petition No.11529/ 2005
Writ Petition. No. 14078/2005

Hon'ble Yatindra Singh,J.
Hon'ble R.K.Rastogi,J.

Heard Counsel For The Petitioner; Sri Navin Sinha, Senior Advocate, Sri Dilip Kumar, And Sri Vipin Sinha For Sri Udai Bhan Singh; Sri B.N.Singh For The Election Commission; And Sri S.M.A. Qazmi For The State Government And The State Officials.

List This Matter After Two Weeks. In The Meantime, Parties May Exchange Their Affidavits. Sri B.N. Singh Will Also Inform The Court On The Next Date As To What Action Has Been Taken By The Election Commission Regarding Disqualification Of Sri Udai Bhan Singh.
Considering The Facts And The Circumstances Of The Case, Till Further Orders Of This Court, The Operation Of The Impugned Orders Dated 10.2.2005 And 17.2.2005 Shall Remain Stayed

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