Man Seeks Stay On Externment Order To Campaign For Wife In Assembly Polls: Allahabad HC Denies Relief In Special Sunday Hearing

In a Special Sunday Sitting, the Allahabad High Court today refused to grant relief to one Kartik Chaudhary who sought a stay on an externment order passed against him so that he can campaign for his wife, who is contesting the Assembly Elections in Uttar Pradesh from Aligarh's Khaira seat.

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed that the petitioner isn't contesting the elections himself and rather, his wife is a candidate for the polls, and since she is under no restraining order, she can freely canvass for herself.

It may be noted that Chaudhary's wife, Charuken is contesting on Bahujan Samaj Party's ticket from Aligarh's Khaira seat.

The Case in brief

Essentially, Chaudhary had moved a writ petition assailing an order dated January 31, 2022, passed by the Commissioner Aligarh Division, Aligarh, whereby a stay application filed by him in an appeal against an externment order passed against him, had been rejected.

It was his contention before the HC that once the appeal was admitted, it was incumbent upon the Court to have granted interim protection to him, in view of Section 6(3) of the U.P. Control Of Goondas Act, 1970.

It was also argued by the counsel for the petitioner that the proceedings under Goondas Act, 1970 were initiated against him for political considerations. 

Lastly, he prayed that at least for the period of 15 days or even 10 days, his externment order be stayed so that he can participate and canvass for his wife in forth coming U.P. Assembly Elections. 

Court's observations 

At the outset, the Court observed that merely because his wife is a candidate in the forthcoming U.P. Assembly Elections, the same cannot be a ground for granting relief to the petitioner.

Apart from this, the Court stressed that the order of externment had been passed after hearing the petitioner and the stay application in the consequential appeal had been rejected also after hearing the petitioner.

Further, referring to Section 6(3) of the U.P. Control of Goondas Act, 1970, the Court opined that grant of an interim order is not mandatory and that it is within the discretion of the Court looking into the facts and circumstances of the case to either stay, the order of externment or to refuse to do so.

Therefore, the Court, while refusing to interfere in the matter, observed thus:

"In the aforesaid circumstances and since there is material, which prima facie cannot lead to a conclusion that the petitioner is being harassed politically, no ground for interference is made out at this stage. All the cases, against the petitioner are of a period long before the Assembly Elections were declared and therefore, it is difficult to come to the conclusion that the proceedings against the petitioner are politically motivated. Moreover, it is not the petitioner himself, who is contesting the elections but his wife who is under no restraining order and can freely canvass. This is an additional ground why no interference is required."

Lastly, the Court also noted that there are several cases against the petitioner including one under Sections 307 IPC and in case, he has been ordered to be externed in exercise of powers conferred by the U.P. Control of Gundas Act 1970, especially when the Assembly Elections are due during which the administration is required to maintain law and order. 

With this, the Court refused to grant any relief to the petitioner, however, the Commissioner, Aligarh Division, Aligarh was directed to dispose of the appeal of the petitioner on its merits after hearing all concerned within a period of six weeks.

Case title - Kartik Chaudhary v. State Of U.P. And 4 Others 
Case citation: 2022 LiveLaw (AB) 36

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