GURDEEP SINGH CHAUHAN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Gurdeep Singh Chauhan
STATE OF UTTARAKHAND
Click here to view full judgement.
SUDHANSHU DHULIA, J. -
(1.) PETITIONER , by means of this public interest litigation, has
sought a writ, order or direction in the nature of mandamus commanding
respondent no. 3 i.e. Central Bureau of Investigation, New Delhi to
conduct a thorough inquiry in respect of offences and illegalities
committed by respondent no. 6 in connivance of respondents no. 7 and 8.
(2.) IT is alleged that respondent no. 7, who was an elected member of the State Legislature from Sitarganj constituency of the State of
Uttarakhand, resigned on 23.5.2012 and, now on the said vacant seat, the
present Chief Minister of the State of Uttarakhand is contesting a
by -election as he has to fulfill the mandatory requirement of the
Constitution of India under Article 164(4), which is to become a member
of the State Legislature within six months from the date of taking oath
and affirmation of his office. Allegations are that resignation of
respondent no. 7 has been in violation of the Constitution and laws, and
it has been done for extraneous purposes. It is alleged that, inter alia,
a sum of Rs. ten crore were given to the sitting MLA Sri Kiran Mandal to
procure his resignation and get the assembly seat of Sitarganj declared
(3.) IN other words, therefore, there is a challenge to the manner in which the resignation of respondent no. 7 was done or procured and
consequently there is also a challenge to the whole election exercise
which is presently underway for the Sitarganj Assembly Constituency.
We may also note that in the State of Uttarakhand there is a unicameral legislature which is the "Vidhan Sabha" and therefore the
only route to the assembly is by contesting a direct election.;
Copyright © Regent Computronics Pvt.Ltd.