AYESHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Dr. L.P. Misra, for the petitioner, learned Chief Standing Counsel for respondent No. 1, Sri Raghvendra Singh, learned Senior Advocate for respondents No. 2 and 3 and Sri Sanjay Sareen for respondents No. 4 to 6.

(2.) This writ petition under Article 226 of the Constitution of India has been preferred by Smt. Ayesha challenging the order dated 2.12.2010, passed by the State Election Commission, U.P., hereinafter referred to as the Commission, by means of which her election as Member from Ward No. 19 of Zila Panchayat Bareilly has been cancelled and the election has been countermanded.

(3.) Initially, an order was passed by the Commission cancelling the election on 30.10.2010, but on a challenge being made to the said order by the petitioner, the said order was set aside by the High Court vide order dated 22.11.2010 after holding that the same was passed without affording any opportunity to the petitioner. The Court further directed that fresh order be passed after giving an opportunity to the petitioner. In pursuance of the directives aforesaid, the matter was reconsidered and fresh order, impugned in this petition, has been passed which again cancels the election in question.