INDIAN NATIONAL CONGRESS Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard the learned Senior Counsel for the Appellant, the learned Advocate General and the learned Assistant Solicitor General.

(2.) This writ appeal is filed challenging the dismissal of a writ petition invoking Articles 226 and 227 of the Constitution of India seeking an order directing high level enquiry into the complaint made in the writ petition in relation to bye-election from a constituency to the Chhattisgarh State Legislature. The writ petitioner sought for constitution of a Special Investigation Team to carry out the investigation under the direct control and supervision of this Court. Incidental orders like summoning of the documents and scientific examination of different materials are also sought for, apart from an order to the State and its authorities to protect the witnesses and the evidence. The writ petitioner also sought for a direction to have such enquiry conducted as is detailed in paragraph 10 of the writ petition.

(3.) A perusal of the impugned judgment shows that the learned Single Judge had taken pains to peruse the bulky documents which were attached to the writ petition and that an effort was made to sift the materials. That led ultimately to the conclusion that the writ petition did not warrant issuance of an order as sought for.