Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7171 of 2016 Petitioner :- Narendra Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Tripathi,Narendra Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Das Yadav,Udit Chandra Hon'ble Manoj Kumar Gupta,J.
After some argument, Sri N.K. Pandey, counsel for the petitioner, while giving up challenge to the impugned order on merits, prayed for liberty to raise plea before the Election Tribunal that the petition has not been presented by the respondent no.4 in person and is thus not maintainable.
Sri Udit Chandra, learned counsel appearing on behalf of the contesting respondent submitted that the said issue is a disputed question of fact and thus, he has no objection in case it is raised before the court below.
Accordingly, without interfering with the impugned order, the instant petition is disposed of with liberty to the petitioner to raise the plea relating to the petition having not been presented by respondent no.4 in person. In the event, any such plea is raised, the Election Tribunal shall deal with the same in accordance with law.
(Manoj Kumar Gupta, J) Order Date :- 26.8.2019 SL