RAJ KUMAR AGARWAL Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the petitioner. This Civil Review has been filed to review the judgment dated 5th April 2012 passed by us in W.P.(PIL) No. 1801/12 and W.P.(C) No. 1802/12. By this order, while upholding the decision of the Election Commission of India of cancelling the biennial election of Council of States (Rajya Sabha) of the State of Jharkhand, this Court handed over investigation of one of the cases already registered by the State Police, to the Central Bureau of Investigation. The petitioner is aggrieved against the said judgment though he was not a party in the above two writ petitions.

(2.) IT will be proper to refer the facts of the case of W.P.(PIL) No. 1801/12 and W.P.(C) No. 1802/12 and the decision of the said writ petitions by common judgment dated 5th April 2012.

(3.) IN the background of these facts, two writ petitions were filed, one in the name of Public Interest Litigation being W.P. (PIL) No. 1801/12 and another writ petition being W.P.(C) No. 1802/12 was filed by the President of the political party who himself was the candidate in the Rajya Sabha Election. Both the writ petitions were heard at length and decided by the judgment dated 5th April 2012 wherein gravity of the issue was thoroughly considered and it was ordered in para -34, which reads as under.