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BEERSAIN versus STATE OF U.P. THRU' SECY. & OTHERS

High Court of Judicature at Allahabad

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Beersain v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 68144 of 2005 [2005] RD-AH 4869 (26 October 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No. 68144 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble Shiv Shanker, J.

The petitioner and one more person were the two candidates at the election. Before polling, the petitioner's nomination papers were rejected. Accordingly, the solitary candidate was available for the election and no polling took place.

If the solitary candidate, is otherwise not disqualified, he has to be declared elected.

Wrong rejection of nomination is a ground for election petition. Therefore, we are not inclined to entertain the writ petition in view of the alternative remedy available to the petitioner.

The writ petition is dismissed on the ground of alternative remedy.

Dated : October 26, 2005

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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