SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri Manish Goyal, learned Additional Advocate General, alongwith Sri Ajeet Kumar Singh, learned Additional Advocate General assisted by Sri J.N. Maurya, learned Chief Standing Counsel and Sri Sudhanshu Srivastava, learned Additional Chief Standing counsel; and Sri Amrendra Nath Singh, learned senior advocate, assisted by Sri Ajay Kumar, learned counsel for the petitioners.
(2.) Sri Manish Goyal, learned Additional Advocate General submits as under : i. The writ petition was filed by the petitioners concealing material facts of the case with respect to FIR being Case Crime No.222/2021, dated 08.06.2021, under Section 364 IPC, P.S. Narkhi, District - Firozabad, against petitioner Nos. 1,2 and 3, Case Crime No. 68/2021, dated 07.04.2021, under Sections 147, 188, 341, 353, 171 E, 171 H, I.P.C. read with Section 7 of the Criminal Law (Amendment) Act, 1932 against the petitioner No.4 and rejection of his anticipatory Bail Application No.1802 of 2021 by the Additional Sessions Judge Fast Track Court No.1 Firozabad, vide order dated 30.06.2021, rejection of anticipatory bail application No.292 of 292 of 2021 arising out of case crime no.222 of 2021, under Section 364 I.P.C. by the Court of Additional District Judge/Specal Judge POSCO Court No.2, Firozabad, vide order dated 02.07.2021 and Case Crime No.73/2021, under Sections 341, 323, 504, 506 and 307 I.P.C., P.S. Basai, Mohamadpur, District - Firozabad (FIR dated 09.05.2021) against the petitioner No.6. ii. Since against the petitioners F.I.Rs. were registered, therefore, the petitioners even though elected members of Zila Panchayat; have no right to vote in the election of President, Zila Panchayat of Firozabad, in view of the law laid down by Hon'ble Supreme Court in Chief Election Commissioner and others Vs. Jan Chaukidar (Peoples Watch) and others (2013) 7 SCC 507 (paras 6 and 7) inasmuch as persons in lawful custody have no right to vote and they shall not be deemed to be electors. iii. The writ petition was not maintainable in view of the provisions of Article 243 O of the Constitution of India which provides that no election of any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a State. Reliance is placed on the judgment of Hon'ble Supreme Court in (1996) 3 SCC 416 (para 7,8, 9, and 11) Boddula Krishnaiah Aiyar and another Vs. State Election Commissioner A.P. and others. Since the facts regarding criminal cases as stated above have been concealed by the petitioners, the petitioners can not be said to have approached the Court with clean hands which shall dis-entitle them to any relief under Article 226 of the Constitution of India. iv. The effect of the order dated 02.07.2021, passed by this Court is that the petitioners' arrest have been stayed.
(3.) Sri Amrendra Nath Singh, learned senior counsel representing the petitioners, opposed the Review Application and submits as under : i. A review application can be entertained only if the order sought to be reviewed suffers from patent error of law, glaring omission of facts and apparent mistake which neither exists nor has been alleged in the review application nor has been argued. Therefore, the review application itself is not maintainable. Reliance is placed upon a judgment of Hon'ble Supreme Court in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi AIR 1980 SC 674. ii. The submissions made by the learned Additional Advocate Generals and the allegations made in the Review Application are false inasmuch as the petitioners have disclosed in paragraphs 13 and 14 about the Case Crime No.73 of 2021, under Sections 341, 323, 504, 506 and 307 I.P.C., P.S. - Basai, Mohamadpur, District - Firozabad and Case Crime No. 68/2021, dated 7.4.2021, under Section 147, 188, 341, 353, 171E, 171 H, I.P.C. read with Section 7 of the Criminal Law (Amendment) Act 1932, P.S. - Eka, District - Firozabad. The petitioners have also disclosed in paragraph 7 of the writ petition the fact regarding FIR being Case Crime No.222/2021, under Section 364 IPC, P.S. Narkhi, District - Firozabad, lodged against unknown persons and also annexed as Annexure 3 to the writ petition. iii. The respondents have not disputed at all the facts stated in paragraphs 8,9,10,11 and 12 of the writ petition which clearly proves that ruling political party and members in collusion with the police authorities and District Administration are bent upon to ensure that the candidate of the ruling party wins as President of Zila Panchayat. For that purpose alone, petitioners have been falsely implicated which is nothing but a political vendetta. iv. The conduct of the respondents is in contrast to their constitutional duty for free and fair election. In fact the respondents are destroying the democracy. v. Bare perusal of the order dated 02.07.2021, passed by this court leaves no manner of doubt that the order was passed with the consent of learned counsels for the parties. The factum of consent has not been disputed. Therefore, the review application is not entertainable. All the petitioners have casted their votes today. Therefore, no cause of action survives for filing the review application. vi. This court while passing the order dated 02.07.2021 neither stayed the arrest of the petitioners nor made any comment with respect to the FIRs. lodged against the petitioners nor interfered with the FIRs. in any manner and for this reason the petitioners, after they casted their votes today; have been arrested by the police. vii. The petitioners shall take legal recourse against the criminal cases in which they have been falsely implicated. viii. The petitioners have neither been disqualified as elected members of Zila Panchayat nor they have been declared disqualified to cast their vote in the election of President Zila Panchayat, Firozabad. Therefore, the order dated 02.07.2021 does not suffer from any manifest error of law. ix. The Review Application is wholly groundless, misconceived and frivolous and deserves to be dismissed with exemplary cost. ;