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2019 Supreme(All) 649

YASHWANT VARMA
Upendra Chauhan – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijay Gautam, Anand Kumar, Mohammad Fahad, Tejasvi Misra, Vinod Kumar Mishra
For the Respondent: A.S.G.I., Sanjay Kumar Upadhyay, Saurabh Srivastava

JUDGMENT :

1. Heard learned counsel for the petitioner and Sri Sanjay Kumar Upadhyay, learned counsel appearing for the respondents.

2. This petition calls in question the orders dated 19 June 2015 and 12 May 2017 pursuant to which the candidature of the petitioner has come to be cancelled. In terms of the first order, the respondents had taken the position that the petitioner had deliberately suppressed the fact of his involvement in two criminal cases bearing No. 152 of 2006 under Sections 323, 504 and 506 IPC and 166 of 2009 under Sections 323, 504 IPC.

3. The order dated 19 June 2015 was assailed by way of Writ-A No. 45917 of 2015 which came to be disposed of on 13 December 2016 requiring the respondents to reconsider the candidature of the petitioner bearing in mind the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India & others, (2016) 8 SCC 471.

4. Pursuant to the directions issued on that writ petition, the second impugned order dated 12 May 2017 has come to be passed by which the respondent this time around has taken the following position:

“After personal hearing of the petitioner and on careful examination of the representation as well as related doc






















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