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Kamal Kishor Gupta v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 68338 of 2005  RD-AH 5008 (27 October 2005)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The question of delimitation of Constituencies according to Rule 440 of the Rules has been raised in the pending writ petition no. 65922 of 2005 filed by the present petitioner. In that writ petition an interim order was passed staying election schedule announced by the notice dated 3.9.2005 providing for election to be held on 14.10.2005 i.e. giving more than mandatory 30 days margin and accordingly it was left open by that interim order to the respondent to announce fresh election schedule. The fresh election schedule has now been announced. By this fresh writ petition the petitioner is again raising the question of delimitation of Constituencies, which is already subjudice in the writ petition filed earlier by the same petitioner. On the principles incorporated in Section 10 C.P.C. we are of the opinion that this fresh writ petition is not entertainable and this question should be raised in the pending writ petition.
The writ petition is therefore dismissed.
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