HC dismisses PIL seeking probe into Mandal's resignation

The two-member bench comprising Justices Sudhanshu Dhulia and Survesh Gupta dismissed the plea, ruling that tendering and accepting resignation by members of legislature is a prerogative of the Assembly.

The court, however, observed that the allegation of a deal for resignation involving Rs 10 crore is very serious and the petitioner can file the case before a Judicial Magistrate.

Earlier, petitioner Gurdip Singh Chauhan's counsel had argued that since Kishore Rai, a close aide of Mandal, had publicly admitted that Rs 10 crore was paid to Kiran Mandal in lieu of his resignation, the matter should be investigated thoroughly by an independent agency.

The petitioner also prayed to the court to declare Mandal's resignation as illegal arguing that it was not tendered as per article 190 of the Constitution which said that it must be voluntarily and not under any influence.

Rakesh Dwivedi, special counsel appearing for government of Uttarakhand in the case, said the court dismissed the PIL as it found no substantial or creditable evidences in the support of the petitioner.

The Sitarganj seat fell vacant following the resignation of Mandal. The Sitarganj bypoll, from where Chief Minister Bahuguna is contesting, will be now held be on July 8 and counting of votes will be on July 11.

Meanwhile, Bahuguna welcomed the decision of the High Court and said the BJP should apologise to the people of the state for making such baseless allegations against Mandal "who sacrificed his seat for the development of his constituency."

On the other hand, senior BJP MLA and leader of the Opposition Ajay Bhatt said the dismissal of PIL has not proved that no crime has been committed.

The BJP had alleged that Bahuguna had bought over its MLA to vacate Sitarganj seat for him.