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2017 Supreme(Del) 675

MUKTA GUPTA
Election Commission of India – Appellant
Versus
Mukhtar Ansari – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dayan Krishnan, Mr. Amit Sharma, Mr. Dipesh Sinha, Ms. Aakashi Lodha
For the Respondents: Mr. Kapil Sibal, Mr. Salman Khursheed, Mr. S.S. Gandhi, Mr. Sudhir Nandrajog, Mr. R.K. Thakur, Mr. Jubair Ahmad Khan, Mr. Deepak Sharma, Mr. Qadri, Mr. Azra Rehman, Mr. Rishabh Jain, Mr. Sandeep, Mr. B. Mishra, Ms. Ritu Negi, Ms. Surya Rajappan, Mr. U.P. Singh, Mr. Sanjeev Bhandari, Mr. Ratnakar Das, Mr. Anil Mittal, Ms. Komal Aggarwal, Mr. Arvind K. Nigam, Mr. Mikhil Sharda, Mr. Akshay Bhandari, Mr. Parth Awasthi

JUDGMENT :

1. Aggrieved by the order dated 16th February, 2017 disposing off the application of respondent No.1 granting him permission to go out with armed guards in the daytime to canvass for his elections, the petitioner prefers the present petition. The operative portion of the impugned order is as under:-

“9. The present application has been filed on behalf of the applicant/accused Mokhtar Ansari for granting custody parole to the applicant/accused for campaigning and canvassing for election in Mau Constituency to be held on 04.03.2017. Assembly election for Mau Constituency have been declared to be held on 04.03.2017 and the result thereof shall be declared on 11.03.2017. It is not disputed that the applicant/accused is a sitting MLA from Mau Constituency, U.P. for the last four terms. It is also not disputed by the CBI that applicant Mokhtar Ansari is contesting the election from Mau Assembly Constituency.

10. Perusal of the file shows that the applicant/accused has earlier also been granted custody parole for contesting the elections by Sh. A.K. Mendiratta Ld. ASJ, Tis Hazari vide his order dated 03.05.2014. I have perused the said order and perusal of the same reveals that ea





































































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