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High Court of Punjab and HaryanaCWP/10986/2024disposed of

Amritpal Singh v. State Of Punjab And Others

2024-05-10Mr. Justice Vinod S. Bhardwaj5 pages

    

        

  ! ""# AMRITPAL SINGH 

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   ! ,,  1  +  "i) To issue an appropriate writ, order or direction especially a writ in the nature of mandamus directing the respondent No.1, 3 and 4 to temporary release the petitioner for seven days as per section 15 of NSA so that he can file his nomination before the Returning Officer to contest 2024 Lok

-2Sabha Election from Sri Khadoor Sahib Constituency as the last date for filing nomination is 14.05.2024.

ii) In alternative it is prayed that an appropriate writ, order or direction especially a writ in the nature of mandamus may kindly be issued to officials respondents to make arrangements for the petitioner to fill his nomination form. form for appointment of election agents/authorized nominees and all other paper work which is required for filling nomination papers for contesting the 2024 elections from Sri Khadoor Sahib Constituency. iii) To issue an appropriate writ, order or direction especially in nature of mandamus to official respondents to make arrangements for the petitioner to get assisted various forms as required under Election Rules from notary public/oath Commissioner/Magistrate either by taking the petitioner to them or by calling them at Central Jail, Dibrugarh.

iv) To issue an appropriate writ, order оr direction especially in nature of mandamus to respondent No.4 to administer oath to the petitioner as required under Article 84(a) of Constitution of India and comply with the instructions issued by Election Commission of India vide letter dated 27.02.2024 and issue a certificate for receipt of oath and send the original form of the oath to the Returning Officer, 037Khadoor Sahib (Punjab). v) To issue an appropriate writ, order or direction especially in nature of mandamus to respondent No.4 to facilitate and make arrangements for the petitioner to get his latest photograph clicked which are required to be submitted to the Returning Officer while submitting his nomination form. vi) To issue an appropriate writ, order or direction especially in nature of mandamus to respondent No.4 to facilitate and make arrangements for the petitioner to get open a New Bank Account at HDFC Bank, Branch Tarn Tarn, Punjab through the local branch of HDFC Bank at Dibrugarh, Assam which is required to

-3be done as per Election Rules either by taking him to the local branch at Dibrugarh or making arrangements of Bank officials to come at the Central Jail, Dibrugarh.

vii) To issue an appropriate writ or direction to allow counsel for the petitioner to meet him for completing formalities to fill relevant papers and also issue direction that petitioner may be permitted to meet one proposer of the petitioner so that he can bring the papers and file before the Returning officer. viii) For issuance of any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

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 !  i. Make arrangements for Opening Forms for Punjab National Bank have new bank account in the name of already been signed ,by the detenue detenue Amritpal Singh in HDFC and attested by the Jail Superintendent Bank, Branch Tarn Taran, Punjab, by of Central Jail, Dibrugarh, Assam on t through HDFC local branch at 09.05.2024. The same are to be Dibrugarh, Assam, for contesting submitted to the Bank concerned by

-4General Elections, 2024. "# $ % the family/legal team of the detenue.

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ii. Make arrangements for Fill7in four Two sets of nomination forms and set of Nomination Form, Form for other paper work were and all filled in appointment of Election Agent / and signed by the detenue on Authorized Nominees and all other 09.05.2024.

paper work which is required for The detenue was allowed to meet his filling nomination papers and allow proposer and Advocate at Dibrugarh his proposer and advocate to meat Central Jail on 09.05.2024.

with detenue Amrital Singh in this regard. "# $ %  & #'

iii. Make arrangements for Attestation The needful has already been done on of Affidavit from Notary Public/Oath 09.05.2024.

Commissioner/Magistrate.

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iv. Make arrangements for Taking The needful has already been done on photographs of detenue for filing 09.05.2024 and photographs of the Nomination Forms. "# $  %   detenue have been taken.

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v.

Superintendent, Central Jail, The Superintendent Central Jail Dibrugarh, Assam may also be Dibrugarh will administer oath to the directed to administer the oath to the detenue as per the provisions of law detenue Amrital Singh and comply including Handbook for Candidate, with provisions prescribed in Para 2023 and issue Certificate for Receipt 2.5.2. and 2.7.6. of Chapter 2 of of Oath and send original form of Handbook for Candidate, 2023 and Oath to Returning Officer, issue Certificate for Receipt of Oath Khadoor Sahab, (Punjab). The oath and send original form of Oath to will be administered as and when a Returning Officer, Khadoor request is made by the detenue after Sahab, (Punjab). "# $ % his nomination form is submitted before the RO.

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vi.

Superintendent, Central Jail, The needful has already been done on

-5Dibrugarh, Assam may also be 09.05.2024 and all relevant directed to attest signatures of detenue documents, signatures and Amritpal (sic) Singh on all prescribed photographs as placed before the forms and to attest photographs of Superintendent Central Jail detenue Amritpal Singh.

Dibrugarh stand attested.

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