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Prakash Singh v. State Of U.P. And Others - WRIT - C No. 73009 of 2005  RD-AH 6914 (5 December 2005)
Civil Misc. Writ Petition No.73009 of 2005
Shri Prakash Singh
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.
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