N JOTHI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner, a Member of Parliament in the Rajya Sabha, has sought for a writ of mandamus to direct the first respondent herein to confine the intended enquiry in Reference Case No. 43 of 2006 on the allegations contained in the petition of the second respondent dated 24. 3. 2006, by forbearing the first respondent from enquiring into any other allegation which was not referred in terms of Article 103 of the Constitution of India to the first respondent.

(2.) THE affidavit in support of the petition, the additional affidavit and the counter affidavits filed by the respondents are perused. The Court heard the deliberations made by the petitioner in person and also the learned Senior Counsel Mr. G. Rajagopal, for the first respondent Election Commission of India and also the learned Senior Counsel Mr. R. Viduthalai, for the second respondent.

(3.) THE facts and circumstances which led the petitioner to file the instant writ petition can be stated thus: