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2011 Supreme(All) 3054

BHARATI SAPRU, ASHOK BHUSHAN
UMLESH YADAV – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates:
Arvind Mishra and Ravi Kant for the Petitioner; B.N. Singh for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—This writ petition has been filed by the petitioner praying for quashing the order dated 20.10.2011, passed by the Election Commission of India. A writ of mandamus has also been sought, directing the respondents to treat the petitioner as duly elected member of Legislative Assembly from 24-Bisauli Assembly constituency, District Budaun and to admit her to the privileges and perquisites attached to such office. Alongwith the writ petition, Stay application has been filed, praying for suspension of the impugned order dated 20.10.2011, passed by Election Commission of India declaring the petitioner disqualified for being a member of U.P. Legislative Assembly under Section 10A of the Representation of the People Act, 1951 for a period of three years from the date of passing of the order.

2. Before we proceed to consider the submissions raised by Sri Ravi Kant, learned Senior Advocate appearing for the petitioner for stay of the order, it is necessary to note the brief facts leading to passing of the order by the Election Commission of India. The petitioner was elected as a member of the U.P. State Legislative Assembly from 24-Bisauli Assembly constituen








































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