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 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. (c) 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; (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: 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 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. (c) issue any other relief(s) or orders 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.