- (1.) The instant writ petition styled as Public Interest Litigation has been filed with the following reliefs:- "1. to issue a suitable order or direction or writ in the nature of mandamus commanding the opposite parties no. 1 to 6 to punish the opposite party no.7 and 8 and initiate the criminal proceeding against him in the light of the averments made in this writ petition. 2. to issue a suitable order or direction or writ which this Hon'ble Court may deem fit, just and proper direct the opposite party no. 1 to 6 to recover the emoluments and other facilities drawn by the opposite party no.8 as Minister and Member of the Legislative Council which the opposite party no.8 has caused to the State Exchequer. 3. to issue a suitable order or direction or writ directing the opposite parties no. 1 to 6 to act positively and quickly in the matter and sent the cheater/opposite party no.8 behind the bars and refer the matter to the CBI or any other agency which this Hon'ble Court may deem fit and proper. 4. any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case and for protecting the interest of the petitioner may also be awarded to the petitioner and against the opposite parties."
(2.) A perusal of the aforequoted prayers made in the writ petition reveal that the petitioner has sought relief for issuance of a writ in the nature of mandamus to punish the opposite party nos. 7 & 8 and to initiate criminal proceedings against them in the light of averments made in the writ petition. The petitioner has also prayed that the emoluments and other facilities drawn from the State Exchequer by the opposite party no.8 as Minister in the State Government and also as Member of Legislative Council of Uttar Pradesh be also ordered to be recovered. The petitioner has further prayed that the matter be referred to CBI or any other agency for inquiry.
(3.) The allegations made in the writ petition are to the effect that opposite party no.7, Ram Charan Kushwaha, son of Late Bhagwat Prasad Kushwaha and opposite party no.8, Babu Singh Kushwaha, son of Late Bhagwat Prasad Kushwaha are one and the same person. That opposite party no.7, Ram Charan Kushwaha contested the election of U.P. Legislative Council using false name of Babu Singh Kushwaha and after getting elected as member of Legislative Council he got a berth in the Cabinet of the State Government. That the aforesaid act of opposite party no.7 contesting the election bearing false name is a fraud and hence, authorities be directed to recover the emoluments and other facilities drawn by opposite party no.7 as Minister in the State and also as Member of Legislative Council.;