LAWS(ALL)-2019-10-327

JAI PRAKASH TIWARI Vs. STATE OF U.P.

Decided On October 31, 2019
JAI PRAKASH TIWARI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Anurag Shukla, learned Counsel for the petitioner and Sri H. P. Srivastava, learned Additional Chief Standing Counsel for respondent Nos.1 to 3.

(2.) By this writ petition under Article 226 of the Constitution of India, the writ petitioner is praying for quashing the order dated 31.7.2019 passed by the District Level Security Committee in compliance of the Order dated 11.7.2019 passed by this Court in Writ Petition no. 9911 (MB) of 2013 by which security provided by the Government to the petitioner has been withdrawn.

(3.) Briefly it is stated that the petitioner was elected as Block Pramukh of Block Bhetua, Tehsil and District Amethi. After change of Government in 2012, one Mr. Gayatri Prasad Prajapati, the erstwhile MLA of Samajwadi Party started to make conspiracies to replace the petitioner and on being unsuccessful in his act, the brother of the said S.P. Leader alongwith his companions started roaming around the area in different vehicles to spot the BDC members. The matter was reported to the District Magistrate and thereafter, the petitioner challenged the No Confidence Motion Notice by filing Writ Petition No. 1165 (MB) of 2013 wherein a Coordinate Bench of this Court vide order dated 18.2.2013 stayed the declaration of outcome of No-Confidence Motion Drive. Being unsuccessful in their ill-intentions to oust the petitioner, he was threatened through police and the matter was also reported. Thereafter, he filed a Writ Petition No.603 (MB) of 2013 for providing security. During pendency of the said writ petition, petitioner's car was attacked near Jagdishpur Crossing. This matter was also reported to the police.