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2007 Supreme(SC) 1045

B.N.AGARWAL, TARUN CHATTERJEE, V.S.SIRPURKAR
MOHD. SHAHABUDDIN – Appellant
Versus
STATE OF BIHAR – Respondent


ADVOCATES APPEARED:
Ranjit Kumar, Senior Advocate (Rudreshwar Singh, Kaushik Poddar, Gopal Kr. Jha and Sanjay Jain, Advocates) for the Petitioner.

ORDER

1. Taken on board.

2. Issue notice.

3. The petitioner is undergoing imprisonment in District Jail. Siwan, Bihar. He is a sitting Member of Parliament and decided to cast his vote for election of Vice-President and filed a writ petition before the High Court, which is pending and no orders have been passed thereon. In the above circumstances, prayer has been made before this Court to enable the petitioner to cast his vote.

4. The Jail Superintendent of the District Jail, Siwan, within the State of Bihar, is directed to take the petitioner with sufficient police escort to the Parliament House, Delhi, to cast his vote and the Election Commission may allow him to cast the vote in the premises of Parliament House for the election of Vice-President. After the casting of the vote, the petitioner will be taken back to the District Jail, Siwan. The Director General of Police, Bihar, and the Commissioner of Police, Delhi, are directed to make appropriate arrangements so that the petitioner may cast his vote in the premises of Parliament House at Delhi. They may further see that he is taken back to jail in Siwan immediately after casting his vote.

5. Prayer has been made that the petitioner


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