C/M Inter College And Another vs State Of U.P. Thru Secy. And Others on 12 January, 2012
Similar view has also been taken by the learned Single Judge of this Court in the case of Ravindra Kumar Saxena vs. State of U.P. and others (supra), in which reference of the decisions of the Apex Court, namely, AIR 1964 SC 1300, AIR 1971 SC 2213, AIR 1975 SC 67, AIR 1988 SC 293 and AIR 1991 SC 1055 have also been given. The decision cited by the learned counsel for the petitioners is not applicable to the present case. In the said case, the persons, who participated in the election and defeated, have approached this Court by filing the writ petition under Article 226 of the Constitution of India and this Court has held that the petitioner has no equity in his favour to approach this Court under Article 226 of the Constitution of India and accordingly the Court refused to exercise its jurisdiction under Article 226 of the Constitution of India.