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2006 Supreme(All) 2820

B.S.CHAUHAN, DILIP GUPTA
ANGAD YADAVA – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates Appeared:
A.P.SINGH, B.N.SINGH, PRASAD, RAVI SHANKER DWIVEDI, UMESH NARAIN SHARMA

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for quashing the order dated 8-4-2004 rejecting the nomination papers of the petitioner for contesting the election of the Parliament and declaring him disqualified for a period of six years from the date of his release from the jail.

( 2 ) THE facts and circumstances giving rise to this case are that petitioner was elected as an MLA in 1989, in 1991, and again in bye-election in 1993. He also remained the Minister of Forest and Small scale Industries in U. P. During the said period, he was tried in a Criminal Case under section 302/304, IPC in Police Station hazrat Ganj, Lucknow. The competent Court convicted and sentenced him for life imprisonment vide judgment and order dated 17/18-11-2000 and a fine of Rs. 20,000/- was also imposed. The Appellate Court granted him bail and suspended the sentence also by a further order dated 9-1-2002. The petitioner filed the nomination papers before the Returning Officer, Azamgarh on 5-4-2004, for contesting the election from 41 parliament Constituency. The Returning Officer rejected his nomination papers vide order dated 8-4-2004 in view of the provisions of Section 8 of the Representa

























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