AZAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is directed against the order dated 28.06.2012 passed by Commissioner, Faizabad Division, Faizabad as well as order dated 05.05.2012 passed by Additional District Magistrate, C.S.M. Nagar, directing externment of petitioner for a period of six months under Section 3 of the U.P. Control of Goondas Act, 1970 ('Act' in short).

(2.) Briefly stated petitioner's case is that petitioner won the election of Block Pramukh while his political opponent Saurabh Singh had lost. Presently petitioner is Block Pramukh of Block Salon, District C.S.M. Nagar, and at the behest of Saurabh Singh on 14.11.2011, a show-cause-notice under Section 3(1) of the Act was issued stating therein that twenty-five cases were pending against him. Witnesses were not deposing against him on account of his terror. He was asked to submit reply by 26.11.2011. Petitioner did not file reply. Consequently, A.D.M., C.S.M. Nagar declared petitioner to be 'Goonda' and ordered his externment for a period of six months by order dated 05.05.2012.

(3.) An appeal filed against the above order was dismissed by the Commissioner, Faizabad Division, Faizabad vide order dated 28.06.2012.