Memorandum of Writ Petition Filed Under Article 226 of Constitution of India in the HON'ble HIGH COURT of JUDICATURE of ANDHRA

Memorandum of Writ Petition filed under Article 226 of Constitution of India

IN THE HON’BLE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

W.P.NO. OF 2007

BETWEEN:

1. Citizens for Justice and Peace, a society registered under the Societies Registration Act, 1860 bearing registration No.F-25826/(Mumbai) having their office at Nirant, Juhu Tara Road, Mumbai – 400 049 Represented by the Secretary.

2. Ms. Teesta Setalvad, D/o Atul Setalvad aged about 45 years, Occ: Secretary for Citizens for Justice and Peace, R/o Nirant, Juhu Tara Road, Mumbai – 400 049

3. Mr. Alyque Padamsee, S/o Jai Padamsee, aged about 75 years, Occ: Trustee for Citizens for Justice and Peace R/o Christmas Eve, 3rd Floor, Opposite Warden Road, Westfield Estate, Mumbai - 400026

4. Mr. Anil Dharker, S/o Chandrakant Dharker, aged about 61 years, Occ: Trustee for Citizens for Justice and Peace R/o B - 2, Purshottam Bhavan, Little Gibbs Road, Malabar Mumbai - 400006 …PETITIONERS

And

1. Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi

2. The A.P Legislative Assembly, Assembly Buildings, Public Gardens, Hyderabad, represented by the Secretary

3. Syed Ahmed Pasha Qadri, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

4. Maqtada Afsar Khan, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

5. Moazzam Khan, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

6. Akbaruddin Owaisi, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

7. All India Majlis Ittehadul Muslimeen (AIMIM) a registered political party, having their office at 3-6-149, Hyderguda, Himayathnagar, Hyderabad, represented by its President 8. Commissioner of Police, Hyderabad, Andhra Pradesh .…RESPONDENTS

The address for service for all summons, notices and process on the

above named petitioner is that of their counsels M/s ______

For the reasons stated in the accompanying affidavit the Petitioners

herein pray that this Hon’ble court may be pleased to issue a writ or order

or direction in the nature of Writ of Mandamus/Quo Warranto or other

appropriate order to:

(a) issue directions against the Respondents No. 3 to 6 to show under

what authority they are occupying the seat as a Member of the A.P

Legislative Assembly representing their respective constituencies

and for further direction to the Respondent No. 1 and 2 to declare

the Respondents No. 3 to 6 as disqualified from the membership of

the A.P Legislative Assembly pursuant to their acts of 09-08-2007.

(b) issue directions or orders directing the Respondent No. 8 to

148, 153A and 295A, 323, 354, 427, 441, 447, 452, 499, 506 r/w

146 and 509 of the Indian Penal Code, 1860.

cancel registration of Respondent No. 7’s membership as a

political party with the Election Commission; (d) issue any other relief(s) or orders in the interests of justice and pass such other or further orders as this

Hon’ble court deems fit and proper may also be awarded against

Respondent No. 3 to 6.

Date: 28 August 2007 COUNSEL FOR PETITIONER

Hyderabad Memorandum of Writ Petition Misc. Petition filed under Section 151 of C.P.C

IN THE HON’BLE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

W.P.M.P.NO. OF 2007 IN W.P.NO. OF 2007

BETWEEN:

2. Ms Teesta Setalvad, D/o Atul Setalvad aged about 45 years, Occ: Secretary for Citizens for Justice and Peace, R/o Nirant, Juhu Tara Road, Mumbai – 400 049

3. Mr. Alyque Padamsee, S/o Jai Padamsee, aged about 75 years, Occ: Trustee for Citizens for Justice and Peace R/o Christmas Eve, 3rd Floor, Opposite Warden Road, Westfield Estate, Mumbai - 400026

And

1. Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi

2. The A.P Legislative Assembly, Assembly Buildings, Public Gardens, Hyderabad, represented by the Secretary

3. Syed Ahmed Pasha Qadri, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

4. Maqtada Afsar Khan, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

5. Moazzam Khan, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

6. Akbaruddin Owaisi, S/o not known to the petitioner, Aged: Major; Occ: M.L.A., c/o 3-6-149, Hyderguda, Himayathnagar, Hyderabad

For the reasons stated in the accompanying affidavit, the Petitioners

herein pray that this Hon’ble court may be pleased to:

(a) issue directions or orders directing the Respondent No. 8 to register

the FIR properly under sections 107, 120B, 18 and 147, 148, 153A

and 295A, 323, 354, 427, 441, 447, 452, 499, 506 r/w 146 and 509

of the Indian Penal Code, 1860.

(b) issue directions or orders directing the Respondent No. 2 to cancel

registration of Respondent No .7’s membership as a political party

with the Election Commission.

in the interests of justice as this Hon’ble court deems fit and proper may

also be awarded against Respondent No. 3 to 6.

Date: 28 August 2007 COUNSEL FOR PETITIONERS

Hyderabad