HC quashes ban on Raja Bhaiya

The court allowed Raja Bhaiya to go to Pratapgarh and directed him to inform the district magistrate and SP of the district before reaching there. The judges however advised the Minister not to go to Pratapgarh in his own volition, if it could create some trouble there.

Singh wasted no time and within minutes after the verdict, left Lucknow for Pratapgarh. He was reportedly accorded a warm welcome on his arrival at KP College in Pratapgarh.

Chief Election Commissioner MS Gill had restrained Raja Bhaiya’s entry intoPratapgarh on complaint of Ratna Singh, the Congress candidate from there. She had accused the Minister of terrorising the voters of her constituency and also of clashing with policemen on duty.

The Minister in view of the EC’s orders had left Pratapgarh but challenged it in the high court. His counsel, RN Trivedi termed the EC’s directive as hampering fundamental right of movement and expression of his client.

"He has to cast his vote in Pratapgarh and if restrained from entering the constituency he will be deprived of his right to exercise his franchise" Trivedi had pleaded to the court.

The Government counsel informed the court that the Government had instituted a CID inquiry into the violent incident involving policemen and Raja Bhaiya’s supporters. He also promised to take all steps to ensure free and fair polls in Pratapgarh.

The court observed, "There are no written orders from either Government or the EC. Fundamental rights of an individual cannot be curtailed merely by oral orders".

Thecourt in its 23-page order has also defined various powers of the EC.The EC can not curtail an individual’s liberty even by written orders. Itcan however, advice the Government to impose reasonable restriction toensure peaceful conduct of polls, the court observed.