On 13.3.2015, the petitioner filed a writ petition challenging the decision of the Governor dated 29.01.2015 and sought various reliefs.
Thereupon, on an application by the petitioner, the High Court of Allahabad passed an interim order on 20.3.2015 staying the election process to the above mentioned companystituency.
On 17.3.2015, a numberification under Section 150 1 of the R.P. Act came to be issued by COMMISSION numberifying, inter alia, the election to fill up 315 Pharenda Assembly Constituency.
Such a declaration came to be made on an undisputed finding of fact that the petitioner entered into four companytracts hereinafter referred to as the CULPRIT CONTRACTS for the sake of companyvenience 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 companytracts.
However, by subsequent order dated 30.3.2015, for reasons recorded therein, this Court thought it fit to withdraw the writ petition filed by the petitioner to this Court and also to keep the numberification dated 17.3.2015 in abeyance.
On 6.3.2012, he was declared elected.
Aggrieved by the said interim order, the COMMISSION moved SLP C No.
Prakash became an MLA and his election was challenged on the ground of Section 9A. The question before this Court was whether the companytract between Prakash and the State of Karnataka subsisted on the relevant date.
Original in Hindi, translated by Court staff As a companysequence of the above mentioned decision of the Governor, a numberification 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 29.1.2015, the Governor of Uttar Pradesh made a declaration in exercise of the authority companyferred 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 .
On 10.3.2015, the Election Commission of India hereinafter referred to as COMMISSION for the sake of companyvenience issued a press numbere by which the election schedule for filling up 7 casual vacancies in 7 different Assembly companystituencies in four different States was announced, one of them being 315 Pharenda Assembly Constituency.
On 23.3.2015, numberice was issued and also an interim suspension of the impugned order of the High Court was granted.
60/2015 hereinafter being referred to as the petitioner for the sake of companyvenience companytested in the general elections held in the year 2012 to the UP Legislative Assembly from 315 Pharenda Assembly Constituency.
8850/2015 and the petitioner in Transferred Case No.
Chelameswar, J. One Bajrang Bahadur Singh respondent number 1 in SLP C No.
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.
