UDAINARAIN SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Art.226 of the Constitution has been filed for a Mandamus directing the Election Commissioner of India to exclude votes of the Members of Parliament elected from U. P. and also of the Members of the Legislative Assembly of that State cast at the Presidential Election which took place on the 13th July 1987. The grounds for claiming the relief mentioned above are these : (a) Current Government of U.P. is lawless fiat and has no right to exercise the right of franchise in Presidential Election, (b) Current Members of Parliament have no constitutional sanction to cast vote in Presidential Election. The grounds taken for the relief claimed are incoherent, unintelligible and confused.

(2.) The petitioner urged that as the elections of Members of Parliament in the State of U.P. as well as of those who were elected for the U. P. State Assembly were illegal, they do not have a right to cast vote at the Presidential Election. The petitioner was unable to satisfy us about the grounds on which he alleged to be so. The Members from U.P. far the Parliament were elected by the General Election held in February, 1985 in the same manner as in other parts of India after dissolution of the Lok Sabha. Election of the Members of the Legislative Assembly were held in June, 1985.

(3.) No illegality in either of the two elections could be brought to our notice. It is our regret that this petition was filed at 6.30 P.M. at the residence of one of us on the 15-7-1987 when 16th July had already been fixed for counting of votes and declaration of results. The petitioner claimed it to be a public interest litigation. To us, it appears that it was a publication-interest litigation.