- (1.) HEARD counsel for the petitioner. This Civil Review has been filed to review the judgment dated 5th April 2012 passed by us in W.P.(PIL) No. 1801/12 and W.P.(C) No. 1802/12. By this order, while upholding the decision of the Election Commission of India of cancelling the biennial election of Council of States (Rajya Sabha) of the State of Jharkhand, this Court handed over investigation of one of the cases already registered by the State Police, to the Central Bureau of Investigation. The petitioner is aggrieved against the said judgment though he was not a party in the above two writ petitions.
(2.) IT will be proper to refer the facts of the case of W.P.(PIL) No. 1801/12 and W.P.(C) No. 1802/12 and the decision of the said writ petitions by common judgment dated 5th April 2012. In the process of biennial election of Council of States (Rajya Sabha) of the year 2012 in the State of Jharkhand, some informations were received by the Election Commission of India as well as by the Income Tax Department that the candidates may purchase the votes (horse trading) from some reliable sources and on the basis of which, special steps were taken in the process of the said Election of Council of States (Rajya Sabha) so that there should not be transfer of money for votes 'for notes'. Because of that vigilance, some money was recovered from the vehicle which was alleged to be meant for giving to the voters of Rajya Sabha Election. The Election Commission firstly stopped the counting of votes vide notification dated 30th March 2012 and thereafter, cancelled the elections. The police also registered one criminal case, therefore, the matter was under investigation with the State Vigilance Police.
(3.) IN the background of these facts, two writ petitions were filed, one in the name of Public Interest Litigation being W.P. (PIL) No. 1801/12 and another writ petition being W.P.(C) No. 1802/12 was filed by the President of the political party who himself was the candidate in the Rajya Sabha Election. Both the writ petitions were heard at length and decided by the judgment dated 5th April 2012 wherein gravity of the issue was thoroughly considered and it was ordered in para -34, which reads as under. 34. Since it is a grave case of involvement of money power, horse trading and influence relating to process of election of Council of States, wherein voters are Members of Legislative Assembly, we deem it proper to direct Election Commission to hand over the matter to the Central Bureau of Investigation so far as criminality of any of the persons is involved.;