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2015 Supreme(Raj) 440

M.N.BHANDARI
Banwari Lal Kushwaha – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Rajeev Surana, for Petitioner;
J.M. Saxena, AAG with Mridul Goswami, for Non-petitioner;
Jitendra Shrimali, P.P., for State

Hon'ble BHANDARI, J.—By this petition, following prayers have been made, which are quoted hereunder for ready reference:

“(1) By issuing an appropriate writ, or order or direction, respondents may kindly be directed to allow petitioner to participate in the Assembly IV session for Budget 2015 by escorting him in custody for the purpose of participating in the proceedings in the Assembly.

(2) The Hon'ble Court may kindly pass such other order or a direction, which it may deem just, proper and expedient in the facts and circumstances of the present case. Any other appropriate relief to which the appellant/petitioner is found entitle may also be granted.”

2. Learned counsel submits that petitioner is an elected representative of Legislative Assembly. He is behind bars pending trial for the offence under Section 302 & 120B IPC. The petitioner has right to attend the Assembly and participate in the proceedings as per Article 194 of the Constitution of India. The petitioner has not been permitted to attend the Assembly proceedings. It can be allowed under custody. The prayer aforesaid was made by the petitioner but having not been accepted or exceeded to, present petition was filed.

3. Learn



































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