Allahabad HC Dismisses PIL Seeking Lucknow IGP's Transfer As Her Husband Is Contesting UP Polls From Same Area

The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea seeking transfer of Laxmi Singh, the Inspector General of Police (IG), Lucknow Range on the ground that her Husband, Rajeshwar Singh [Former Joint Director ED] is a Bhartiya Janta Party (BJP) candidate from Sarojini Nagar, a constituency in the Lucknow district.

Terming it as proxy litigation, the Bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh dismissed the plea on the ground that the plea had been filed even though key details were not disclosed in the plea.

Essentially, a media person named Saurabh Kumar Shukla had moved the High Court contesting that IGP Singh would influence the elections and the results as she is working as the Inspector General of Police, Lucknow Range whereas her husband is contesting election from 170-Sarojini Nagar Assembly Constituency.

The counsel for the petitioner referred to the instructions issued by the Election Commission of India in January 1998 to submit that to ensure a free and fair election, the ECI had directed that in case the spouse of any candidate is employed in the constituency, he/she should be transferred. He further referred to various communications addressed to the Election Commission of India by a political party seeking transfer of the wife of respondent No.5.

However, after hearing the counsel for the petitioner, the Court did not find any substance in the plea due to the following reasons:

• The petitioner did not comply with sub-rule 3-A of Rule 1 of Chapter XXII of the High Court Rules, as he didnt furnish the credentials and details with reference to the aforesaid Rules, in the writ petition.
• The issue raised by the petitioner by filing public interest litigation was earlier raised by a political party with the Election Commission of India by filing representation as to the action thereon.

In this regard, the Court opined thus: "The fact remains that the political party, which had raised the issue before the Election Commission of India, could have very well raised it before other forums, in case, it found that there was violation of any instructions issued by the Election Commission of India."

• The letters written by a political party to the Election Commission of India were placed on record in support of the argument, however, the source thereof had not been disclosed
• There was no pleading in the writ petition to show as to how the instructions dated January 23, 1998, issued by the Election Commission of India were being violated.

"It only provides that the concerned officer should not leave his/her headquarter till the elections are completed. Nothing has been pointed out regarding the conduct of wife of respondent No.5 in this regard," the Court averred as it dismissed the plea.

Advocate Rakesh Kumar Chaudhary appeared for the petitioner and Advocate Vijay Vikram Singh appeared for the respondents

Case title - Saurabh Kumar Shukla v. The Election Commission of India and others 
Case Citation: 2022 LiveLaw (AB) 67

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