JAN HITAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed questioning the constitutional validity of the Uttar Pradesh State Legislative (Prevention of Disqualification) (Amendment) Act, 2006 and to quash the opinion rendered by the Election Commission of India dated 3.4.2006 and the order of the Governor dated 24.2006 in respect of disqualification of the respondent no. 4, a member of the then U.P. Legislative Assembly as being violative of the fundamental rights and constitutional guarantees under the Constitution of India.

(2.) Learned counsel for the petitioner submits that it is for this reason that Amending Act U.P. Act no. 10 of 2006 is ultra vires the Constitution and deserves to be struck down to the extent as prayed for.

(3.) Sri Satya Narain Shukla has urged that this amounts to circumventing the provisions of Art. 164(1)A of the Constitution of India as well as Art. 14 thereof and a legislation can be struck down on that ground as held by the Apex Court in the case of Dr. Subramaniam Swamy Vs. Director, Central Bureau of Investigation and Another reported in 2014 Vol. 8 SCC page 682.