Allahabad High Court
Radhey Shyam Mishra ... vs Election Commission Of India ... on 30 July, 2021
Bench: Rajan Roy, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- MISC. BENCH No. - 9211 of 2021
Petitioner :- Radhey Shyam Mishra (Petitioner-In-Person)
Respondent :- Election Commission Of India Thr.Chief Elec.Commissioner&Anr
Counsel for Petitioner :- In Person
Counsel for Respondent :- Kaushlendra Yadav
Hon'ble Rajan Roy,J.
Hon'ble Ravi Nath Tilhari,J.
Heard Radhey Shyam Mishra (Petitioner-In-Person), and Sri Kaushlendra Yadav, learned counsel for the opposite party no. 1.
The petitioner, who is an Advocate, has appeared in person and has contented that petitioner along with other has formed a political party namely Krantikari Janvadi Party on18.11.2001 and had applied for its registration along with an application for delay condonation on 28.12.2005, which was rejected. The rejection order dated 14.2.2006/20.3.2006 was challenged before this Court by means of Writ Petition No. 2818 (M/B) of 2006. This Court vide judgment dated 22.3.2007 directed the Election Commissioner to re-consider the application and take appropriate decision thereof. On reconsideration of the matter application for registration was again rejected on 12.2.2008 by the opposite party no. 2, who, at that time, was posted as Deputy Election Commissioner at New Delhi. This order was put to challenge by the petitioner in Writ Petition No. 5904 (M/B) of 2008. The said writ petition came to be dismissed on 4.7.2013.We have perused the said judgment. Against the said judgment dated 4.7.2013, the petitioner filed Special Leave Petition (c) No. 32038 of 2014 before the Hon'ble Supreme Court, which as informed has been converted into Civil Appeal. During pendency of the aforesaid proceedings, this petition has been filed seeking a writ in the nature of mandamus commanding the opposite party to pay the petitioner a sum of Rs. 50 crores compensation and damages for causing him and his party Krantikari Janvadi Party great irreparable loss, injustice, pain, agony and hardship and for disturbing the entire political activity of the party and the petitioner for more than 15 years since 2006 up to the present date.
We confronted the petitioner appearing in person as to how the petition was maintainable before this Court under Article 226 of the Constitution of India specially when the order of the opposite party rejecting the application for registration was not interfered by this Court and petitioner's petition in this regard was dismissed on 4.7.2013 against which the proceedings are pending before the Hon'ble Supreme Court in appeal; the petitioner submitted that the opposite party no. 2, the then Deputy Commissioner of Election, did not have authority to reject the petitioner's application. We do not see as to how this contention makes this petition maintainable when the proceedings are pending before the Supreme Court of India as already referred herein above.
We are of opinion that this petition is nothing but an abuse of the process of the Court, that too by an Advocate. The basis of this petition is the alleged illegal rejection of the petitioner's application for registration of the political party aforesaid, which, in fact, was the subject matter of the earlier writ petition which was dismissed on 4.7.2013 against which proceedings are pending before the Supreme Court of India in appeal, therefore, this petition cannot be entertained, at least at this stage.
The petition is, accordingly, dismissed.
(Ravi Nath Tilhari, J.) (Rajan Roy,J.)
Order Date :- 30.7.2021
Anuj Singh
