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