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2010 Supreme(Pat) 17

SAMARENDRA PRATAP SINGH
Nagina Devi, Mla, 68, Bathnaha Constituency, Wife Of Sri Yogiraj Prasad – Appellant
Versus
Union Of India Through The Secretary, Ministry Of Home Affairs, Government Of India – Respondent


JUDGEMENT

1. Both C.W.J.C. No. 16356 of 2007 and C.W.J.C. No. 6065 of 2007 are taken up together as the matters are interlinked. In fact, the fate of C.W.J.C. No. 6065 of 2007 would be dependent upon the outcome in C.W.J.C. No. 16356 of 2007.

2. In C.W.J.C. No. 16356 of 2007, the petitioner Nagina Devi prays for quashing the order dated 21.3.2007, contained in letter No. 26030/07/IC-1 issued by the Director, Ministry of Home Affairs/Grih Mantralaya, Government of India communicated to Under Secretary, Home (Special) Department, Government of Bihar, whereby the petitioner has been declared a non-citizen.

3. In C.W.J.C. No. 6065 of 2007, the petitioner Raj Kishore Singh Kushwaha, who is an intervener respondent No. 11 in C.W.J.C. No. 16356 of 2007, prays for issuance of a writ in the nature of quo warranto or direction or order to remove respondent no. 6 Nagina Devi (Petitioner of CWJC No. 16356 of 2007) from the membership of Bihar Legislative Assembly by declaring her election from Constituency No. 68 (Bathnaha) in the district of Sitamarhi as void.

4. The issue is whether Nagina Devi who is petitioner in C.W.J.C. No. 16356 of 2007 and respondent no. 6 in C.W.J.C. No. 6065 of 2007 i



















































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