Verdict on Raja Bhaiya today

UK Dhaon, counsel for the Commission, instead of producing a copy of the Commission’s order as directed by the court yesterday, submitted in an affidavit that the Commission had only given oral advice’ to the State Government in the matter.

The advice, he said, was taken in totality after a communication from the district magistrate and district police chief of Pratapgarh on February four that since the minister was involved in a fracas with the policemen and was also facing other cases of criminal nature,his presence would cause serious law and order problem in the district, especially during the ensuing Lok Sabha elections.

Arguing for the petitioner, former advocate general RN Trivedi said the Commissions oral directives’ for the minister were against the principle of natural justice.

“The Commission cannot withdraw or extern a person from one place to another and such directives are not within the powers vested in the Commission under Article 324 of the Constitution”, he said.

Trivedi said the Commission’s directives amounted to curtailing the fundamental rights and free movement of a person.

Meanwhile, Chief Election Commissioner Dr MS Gill told media persons that he had tendered an “advice” to Chief Minister Kalyan Singh to ask the minister to stay away from Pratapgarh constituency. The Uttar Pradesh minister had stated that he had not violated the “advice”, he said, adding, the Election Commission “is entitled to tender advice”.