Hi! Everybody
I need a lawyer who can obtain an temporary injunction from the supreme court directly in as little time as possible. The story goes below
Co-operative societies are bodies of local self governance, hence is a local body and 97th amendment of the constitution included co-operative bodies as bodies of local self governance. Where the state overlooks the regulatory affairs and governance is done by the public hence Primary Agricultural Co-operative Society (PACS) is a local body / local authority". A person discharging duty in capacity of PACS adyaksha is a public servant who cannot contest the mukhiya election. Rules of panchayat rajya act do state that anybody having criminal history needs to detail it in his application on oath. The act and supreme court judgement do state that witholding criminal history from an application as well as being a public servant at the same time contesting mukhiya election is an act of corrupt practice.
Such an act of corrupt practice if attempted by any person who contests the election and wins, leads to violation of constitutional rights. As from the preamble I find that Indian citizens have been awarded a democratic governance, wheras non democratic governance exists once somebody violates rules of bihar panchayat rajya act. The preamble is a part of constitution vide supreme court judgement.
Hence once my constitutional rights have been violated I have the freedom to directly approach the supreme court vide article 32 of the constitution.
But I have already filed an election petition in the court of 1st munsif of Madhubani in Bihar. The munsif did not consider my application for ex-parte injunction nor did he pass any orders he simply said that the application be sent alongwith the notice.
Now the munsif has been trabsferred so I have to wait for another munsif.
better I find a way that law of injunction states that if a proceeding on a particular matter exists in a lower court than nothing can bar the high court or the supreme court from awarding an injunction.
I am looking for an ex- parte injunction, can a lwayer get this awarded to me from the supreme court ?
Where by the injunction the opponent would be witheld from performing any activity in capacity of Mukhiya as well as PACS adhyaksha.
I have the draft ready. The lawyer would need to simply align it a bit here and their ?
