- (1.) One Bajrang Bahadur Singh respondent no. 1 in SLP(C) No. 8850/2015 and the petitioner in Transferred Case No. 60/2015 (hereinafter being referred to as the petitioner for the sake of convenience) contested in the general elections held in the year 2012 to the UP Legislative Assembly from 315 Pharenda Assembly Constituency. On 6.3.2012, he was declared elected.
(2.) On 29.1.2015, the Governor of Uttar Pradesh made a declaration in exercise of the authority conferred under Article 192 of the Constitution of India that the petitioner incurred the disqualification stipulated under Section 9A of the Representation of the People Act, 1951 (hereinafter referred to as "the R.P. Act"). Such a declaration came to be made on an undisputed finding of fact that the petitioner entered into four contracts (hereinafter referred to as the CULPRIT CONTRACTS for the sake of convenience) with the State of U.P. sometime in the year 2013 after his election to the Legislative Assembly and performed his obligations arising under the said contracts. The Governor made the following order on 29.01.2015: Therefore, I, Ram Naik, Governor, Uttar Pradesh, upon exercising the powers under Article 192(1) of the Constitution of India hereby declare that Shri Uma Shankar Singh from 06.03.2012 and Shri Bajrang Bahadur Singh from 15.10.2012 have become disqualified from the membership of Uttar Pradesh Legislative Assembly. (Original in Hindi, translated by Court staff)
(3.) As a consequence of the above-mentioned decision of the Governor, a notification came to be issued by the Secretariat of the Legislative Assembly on 17.2.2015 stating that a seat occupied by the petitioner representing 315 Pharenda Assembly Constituency fell vacant. On 10.3.2015, the Election Commission of India (hereinafter referred to as "COMMISSION" for the sake of convenience) issued a press note by which the election schedule for filling up 7 casual vacancies in 7 different Assembly constituencies in four different States was announced, one of them being 315 Pharenda Assembly Constituency.;