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2024 Supreme(P&H) 1170

SURESHWAR THAKUR, SUDEEPTI SHARMA
Virender Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant : Ms. Kavita Joshi Adv., Mr. Chanchal K. Singla Adv., Mr. Raj Kumar Chauhan Adv., Mr. Antriksh Sharma Adv., Mr. Sargun Soni Adv., Mr. Anuj Chauhan Adv.
For the Respondent:Mr. Ankur Mittal AAG, Haryana, Mr. Saurav Mago DAG, Haryana, Mr. Karan Jindal AAG, Haryana, Ms. Kushaldeep Kaur Adv., Ms. Naina Jindal Adv., Mr. Lokesh Narang Senior Panel counsel, Mr. Shubleen Dhariwal Adv., Mr. Ashok Aggarwal Senior, Advocate, Mr. Puneet Bali Senior, Advocate, Mr. Mukul Aggarwal Adv., Mr. Jatin Sehgal Adv., Mr. Sachin Jain Adv., Ms. Anmol Chandan Adv., Mr. Prateek Gupta Adv., Mr. Roshneel Singh Brar Adv.

JUDGMENT :

(Sureshwar Thakur, J.)

The instant petition has been preferred by the petitioner under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus, thus directing the Enforcement Directorate to take appropriate legal action against respondent No. 5, who is/was a member of the Legislative Assembly Haryana, and, is re-contesting from Samalkha constituency, despite registration of FIRs and Enforcement Case Information Report, besides despite issuance of various non-bailable warrants. The petitioner has also sought a direction being issued upon respondent No. 3 to re-evaluate the affidavit dated 9.9.2024 (Annexure P-19) furnished by respondent No. 5 in Form 26 under Rule 4-A of the Conduct of Election Rules, 1961, as the said form is in violation of The Representation of the People Act, 1951 (for short ‘the Act of 1951’).

Brief facts of the case

2. It is averred in the petition that the petitioner is a registered voter of Samalkha constituency, and, has been aggrieved by the inaction of the authorities concerned, whereby respondent No. 5 has been enabled to circumvent the provisions of law, besides has also been enabled to contest the elec

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