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2014 Supreme(All) 3681

D. Y. CHANDRACHUD, DILIP GUPTA
Udit Chandra – Appellant
Versus
Union of India Thru Secy. – Respondent


Advocates Appeared:
For the Petitioner:- Udit Chandra,Inamul Haque Ansari, Mohit Kumar
For the Respondent:- A.S.G.I.

JUDGMENT

Dilip Gupta, J.

In a petition, which has been filed by three practicing Advocates purportedly in the public interest, two reliefs have been sought. The first relief is for a mandamus declaring that respondent Nos. 5 to 60 stand disqualified from being members of Parliament. The second relief is for a mandamus to the Hon'ble Speaker of the Lok Sabha and the Hon'ble Chairman of the Rajya Sabha to initiate action against respondent Nos.5 to 60 for disqualification.

2. The basis on which the jurisdiction is invoked is that on 26 November 2012, a letter was addressed to the President of the United States by the aforesaid members of Parliament in regard to the grant of a Visa to the Chief Minister of an Indian State. The petitioners state that as a matter of fact, some of the alleged signatories subsequently clarified that they had not signed such a letter. According to the petitioners, their right to life under article 21 of the Constitution is prejudicially affected when a member of Parliament has "internationalized" what is stated to be "an internal matter".

3. Article 102 of the Constitution provides for disqualification for being chosen as, and for being, a member of either Hou













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