- (1.) This order will dispose of SLP(C) No. 17608/2017 (Dr. Narottam Mishra v. Rajendra Bharti and others), as also, Transfer Petition(C)D.No.20213 of 2017 (Rajendra Bharti and Ors. v. Dr.Narottam Mishra and Ors.).
(2.) During the course of hearing, after making their submissions, learned counsel for the rival parties were agreeable, that the proceedings in Writ Petition 9704 of 2017 filed before the High Court of Madhya Pradesh (Principal seat at Jabalpur) be transferred, for hearing and disposal on merits, to the Hon'ble High Court of Delhi. We order accordingly.
(3.) Since the outcome of the proceedings in the above writ petition, has an important bearing on, whether Dr.Narottam Mishra - the petitioner in Writ Petition No.9704/2017 continues to be a member of the Legislative Assembly of the State of Madhya Pradesh, and hence can vote in the presidential election scheduled for 17.07.2017. We are of the view, that can only be determined after the challenge raised to the order passed by the Election Commission of India, on 23.06.2017, is suitably addressed by the High Court, finally or by an interim order as the High Court may consider appropriate.;