SAURABH KUMAR SHUKLA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Present petition has been filed in public interest raising an issue that the wife of respondent No.5 is working as Inspector General of Police, Lucknow Range whereas he is contesting election from 170-Sarojini Nagar Assembly Constituency.

(2.) Learned counsel for the petitioner, while referring to instructions issued by the Election Commission of India dated January 23, 1998, submitted that to ensure free and fair election, in case spouse of any candidate is employed in the constituency, he/she should be transferred. He further referred to various communications addressed to the Election Commission of India by a political party seeking transfer of the wife of respondent No.5. In support of his argument for entertaining the present petition, he referred to a judgment of Hon'ble the Supreme Court in People's Union for Civil Liberties and another Vs. Union of India and another, (2013) 10 SCC 1 where the petition filed under Article 32 of the Constitution of India on the issue regarding secrecy of voting was entertained.

(3.) After hearing learned counsel for the petitioner, we do not find any case is made out in the present petition.