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PRAKASH SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Prakash Singh v. State Of U.P. And Others - WRIT - C No. 73009 of 2005 [2005] RD-AH 6914 (5 December 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

COURT NO.34

Civil Misc. Writ Petition No.73009 of 2005

Shri Prakash Singh

Versus

State of U.P. & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed challenging the order dated 08.10.2005 (Annex.1) by which the nomination of the petitioner for election under the provisions of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 has been rejected.

Shri P.N. Rai, learned counsel appearing for respondents has raised a preliminary objection regarding maintainability of the writ petition submitting that this Court should not entertain a writ petition in such matters and in support of his claim, he has placed a very heavy reliance upon the judgments in Harknek Singh Vs. Charanjit Singh & Ors., 2005 AIR SCW 5459, wherein the Hon'ble Apex Court has held that generally, writ petition should not be entertained in a matter dealing with the election.

In view of the preliminary objections raised by Shri Rai and in view of the fact that the elections are already over and result has been declared, we are not inclined to interfere in the matter. Petition is accordingly dismissed with liberty to approach the appropriate forum by filing an election petition.

05.12.2005

AHA


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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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