GURDEEP SINGH CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER , by means of this public interest litigation, has sought a writ, order or direction in the nature of mandamus commanding respondent no. 3 i.e. Central Bureau of Investigation, New Delhi to conduct a thorough inquiry in respect of offences and illegalities committed by respondent no. 6 in connivance of respondents no. 7 and 8.

(2.) IT is alleged that respondent no. 7, who was an elected member of the State Legislature from Sitarganj constituency of the State of Uttarakhand, resigned on 23.5.2012 and, now on the said vacant seat, the present Chief Minister of the State of Uttarakhand is contesting a by -election as he has to fulfill the mandatory requirement of the Constitution of India under Article 164(4), which is to become a member of the State Legislature within six months from the date of taking oath and affirmation of his office. Allegations are that resignation of respondent no. 7 has been in violation of the Constitution and laws, and it has been done for extraneous purposes. It is alleged that, inter alia, a sum of Rs. ten crore were given to the sitting MLA Sri Kiran Mandal to procure his resignation and get the assembly seat of Sitarganj declared "vacant".

(3.) IN other words, therefore, there is a challenge to the manner in which the resignation of respondent no. 7 was done or procured and consequently there is also a challenge to the whole election exercise which is presently underway for the Sitarganj Assembly Constituency.