DHABAI SUA LAL YADAV Vs. INDIRA NEHRU GANDHI

JUDGEMENT

(1.) This special appeal arises from the judgment of the single bench in S. B. Civil Writ Petition No. 726 of 1978, dated 24-10-1978 by which the writ petition has been dismissed. Mr. Sharma has prayed that in this special appeal the petitioner-appellant may be allowed the following reliefs:--

(2.) The appellant prays that the non-petitioner No. 1 Smt. Indira Gandhi, Ex Prime Minister of India be restrained by this Court from contesting by-election of Chikmagalure constituency for which she has filed nomination paper on 6-101978 till she stands duly tried by competent criminal court of law for her prima facie proved criminal charges and till Chief Election Officer completes enquiry by exercising his powers conferred on him under Sec. 146 of the Representation of the People Act, 1951 be declared void ab initio and ultra vires. In this Special Appeal, he has prayed that various sections of Advocates Act be declared ultra vires. Another relief prayed is that various rules of the Rajasthan Civil Services (Classification, Control and Appeal) Rules may be struck down being ultra vires. A prayer for declaring various provisions of the P. C. Act, 1947 and the Police Act to be valid in every way in comparison to that of the laws enacted after appellants appointment that is 10-2-1948, contrary to his service conditions originally entered into, parallel to the provisions of Articles 221 and 218 of the Constitution in the light of Article 14 and preamble of the Constitution. It is also prayed that this Court should declare the politics as profession so far as respondent No, 1 and other persons of the category are concerned. Another prayer has been made that the University of Rajasthan and the Bar Council of Rajasthan and Bar Council of India's orders which are various annexures should be declared void various other prayers have been made,

(3.) The petitioner claims himself to be Ex Public servant and has given chequered history of his career which has ultimately terminated in dismissal from service as police Sub-Inspector and that order according to Mr. Sharma is under challenge in a Special Appeal (No. 9/1977) pending before this Court. His principal grievance is that where as on account of his dismissal, he has been refused admission in the Law College in LL.M. classes and also his application for enrolment as an Advocate has been rejected by the Bar Council, respondent No. 1 Smt. Indira Gandhi who according to the petitioner is guilty of serious excesses during emergency which may result ultimately in her trial and conviction, is allowed to contest the elections under the provisions of the Representation of the People Act and, therefore, various provisions under the Representation of the People Act, Advocates Act, R.C.C.A. Rules, Prevention of Corruption Act and Police Act are violative of Article 14 of the Constitution.