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created Nov 28th 2022, 02:51 by Rohit kumar



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1. The petitioner-in-person seeks liberty to correct the name of the respondent as Ajay Mohan Singh Bisht for and in place of Yogi Adityanath, the sole respondent in the present writ petition. We permit the petitioner to correct the particulars of respondent during the course of the day. 2. The prayer made in the writ petition reads as under:- (i) Issue a writ quo warranto to the respondent very kindly questioning his continuance as Chief Minister of State of Uttar Pradesh with effect from 25.09.2022. (ii) To pass any other appropriate order as the circumstances of the case may require; and (iii) To allow the writ petition. 3. Apparently, the Petitioner at Para 19 of the Writ Petition has admitted that he is neither an Elector nor a candidate at the election of 322- Gorakhpur Urban Legislative Assembly constituency, from which the Respondent stands elected. It is also available from the Writ Petition that the present petition has come to be filed on the ground that (a) the respondent is a usurper of office of Chief Minister of State of Uttar Pradesh with effect from 25.09.2022 and (b) Allegedly the Respondent was not qualified to contest the election for the current legislative assembly of State of Uttar Pradesh due to violation of provisions of Rule 4 A of the Conduct of Election Rules, 1961. Thus, in a nut-shell, it has been prayed by the Petitioner for issuance of Writ of Quo Warranto against the Respondent for his continuation as Chief Minister of State of Uttar Pradesh with effect from 25.09.2022. The 2 petitioner has also relied upon a judgment passed by the Kerala High Court in the case of Shaiju J. Kooran & Etc. V/s State Election Commission, Thirunanvanthapuram and Ors. (AIR 2003 Kerala 246), wherein election as municipal councillors and panchayat member under the Kerala Municipality Act was under challenge. Rohit typing center Chakiya rajrooppur Allahabad.

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