INDIAN NATIONAL CONGRESS THROUGH ITS STATE UNIT, CHHATTISGARH Vs. UNION OF INDIA THROUGH THE CABINET SECRETARY, GOVT. OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the Indian National Congress, a registered national political party under the relevant provisions of Representation of People Act, 1951, under Article 226/227 of the Constitution of India for issuance of writ inter-alia to register FIR and investigate the conspiracy hatched by respondents 4 to 9 regarding withdrawal of nomination paper by respondent no.7 Mantu Ram Pawar, in the by-election of Antagarh Constituency for Legislative Assembly of State of Chhattisgarh through any agency under the direct control of the High Court.

(2.) The petitioner has averred, in a nutshell, that respondent no.7 had filed his nomination paper in by-election of Constituency no.79 Antagarh of Legislative Assembly of State of Chhattisgarh as candidate of Indian National Congress Party as the same was vacated by the then returned candidate Shri Vikram Usendi in the year 2014 due to his election as member of Parliament. It is further averred that the last date of withdrawal of nomination papers was 30.08.2014, however, respondent No.7 has withdrawn his nomination paper on 29.08.2014 without consultation with the petitioner. The effect of such withdrawal was to provide a go-by to the ruling and main opposite party i.e., Bhartiya Janta Party. Since the last date of filing of nomination paper was 27.08.2014, as such, there was no occasion and opportunity left for the petitioner to introduce new candidature.

(3.) It is alleged that respondent no.4 is the Chief Minister of the State of Chhattisgarh and respondents 5 to 9 are closely related to him. Respondent no.8 is the son-in-law of Dr. Raman Singh, the Chief Minister; respondent no.5 Ajit Pramod Jogi was the first Chief Minister of the State of Chhattisgarh and his son respondent no.6 had hatched conspiracy along-with respondent no.9, the returned candidate to force respondent no.7 to withdraw his nomination paper from the said by-election and succeeded in their efforts.