Allahabad High Court
Lok Prahri Thru. General Secy. ... vs State Of U.P. Thru. Chief Secy. And ... on 19 October, 2022
Bench: Rajesh Bindal, Chief Justice, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Chief Justice's Court
Serial No. 321
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Lucknow)
***
Public Interest Litigation (PIL) No. 3146 of 2015
Lok Prahri through General Secretary S.N. Shukla
Through:- Mr. S.N. Shukla, in person
....Petitioner
v/s
State of U.P. and others ... Respondents
Through:- Mr. O.P. Srivastava, Senior Advocate assisted by Mr. Kaushlendra Yadav, Advocate for Election Commission of India and Mr. Amitabh Rai, Additional Chief Standing Counsel for the State.
Coram: HON'BLE RAJESH BINDAL, CHIEF JUSTICE
HON'BLE JASPREET SINGH, JUDGE
ORDER
Ref:- Review Application No. 1 of 2015
1. Review of the order dated 11.05.2015 passed by a Division Bench of this Court has been sought by the applicant.
2. The prayer made in the writ petition was that a notification be issued for disqualification of the respondent No.3 as Member of the Uttar Pradesh State Assembly, who had been convicted vide judgment of the trial Court dated 20.08.2015 and a writ of quo-warranto be issued for his removal as Members of Legislative Assembly and Minister in the Government.
3. The writ petition was dismissed by the Division Bench of this Court by detailed order dated 11.05.2015. The aforesaid order was challenged by the applicant before the Hon'ble Supreme Court by filing a Special Leave to Appeal (C) No.22452 of 2015 which was dismissed as withdrawn on 05.10.2015. At that stage, no permission was sought even to raise an issue by filing a review application.
4. Thereafter review application was filed before this Court in November, 2015.
5. The issue sought to be raised in the review application are those which could very well be raised when the writ petition was heard and decided on merit.
6. Further, learned counsel for the Election Commission of India pointed out that after dismissal of the Special Leave to Appeal by Hon'ble Supreme Court the applicant filed Writ Petition No.330 of 2016 titled as 'Lok Prahari v. Election Commission of India and others' before the Hon'ble Supreme Court with reference to the disqualification of the Members of the Parliament or the Assembly on their conviction and the writ petition was dismissed vide order dated 26.09.2018.
7. The aforesaid fact was concealed by the applicant from this Court when the present review application was argued and notice was issued on 12.02.2020.
8. Be that as it may, still the issues which are sought to be raised in the review application could very well be raised in the writ petition, when the arguments were heard and the same was dismissed. After withdrawal of Special Leave to Appeal filed before the Hon'ble Supreme Court, we do not find any any reason to entertain the review application.
9. Dismissed.
Lucknow (Jaspreet Singh, J.) (Rajesh Bindal, C.J.) 19.10.2022
Asheesh/Rakesh Prajapat
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No
