LAXMI KANT BAJPAI Vs. HAZI YAQOOB

JUDGEMENT

(1.) Mr. Hazi Yaqoob-respondent is the elected candidate in the elections held from 381 Meerut Assembly Constituency to the U.P. Legislative Assembly. His elections had been called in question before the Allahabad High Court by the defeated candidate by filing Election Petition under the provisions of Representation of People Act, 1951. Petition is rejected by the Allahabad High Court by its order dated 12.5.2008.

(2.) We may now briefly state the material facts : The Delimitation Commission of India under Section 10(1) of the Delimitation Act, 1972, had issued an order in respect of the delimitation of Parliamentary and Assembly constituencies of the State of Uttar Pradesh and published the same by issuing a notification dated 8th December, 1973. Table B in the notification provides the territorial constituencies into which the State of Uttar Pradesh was divided for the purpose of election to the Legislative Assembly and the extent of each such constituency. Table B also shows the extent of 397 Meerut assembly constituency (now 381 Meerut constituency) to be the same as Meerut Municipality (excluding wards 1 to 3, 14 and 15). This order was also a part of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, issued by the Election Commission of India.

(3.) On 17.3.2007, notification for electing a member to the U.P Legislative Assembly from 381 Meerut Assembly constituency was issued. The polling for the constituency was held on 13.4.2007 and the results were declared on 11.5.2007. Respondent No. 1 , Hazi Yakoob was declared elected by a margin of 1089 votes.