- (1.) On urgency being mentioned, this petition has been filed during winter recess.
(2.) We have heard Sri Akhilesh Kalra assisted by Sri Narendra Shukla.Advocate and Sri Sudhir Pandey for the State.
(3.) The petitioner filed her nomination paper for contesting the election of Member from the Territorial Constituency No. 39 of Zila Panchayat, Gonda. Her nomination paper was rejected by the Returning Officer, aggrieved by which she filed a writ petition, being Writ Petition No.6552 (MB) of 2005 and also made a representation to the State Election Commission. The State Election Commission, after making enquiry and finding that the rejection of the nomination paper of the petitioner was illegal, countermanded the election for the Member of Territorial Constituency No.39. As a result of the countermanding of the election, the Election Commission notified the fresh election on 28-10-05, which notification has been challenged by a separate writ petition, being Writ Petition No.6676 (MB) of 2005, filed by one Smt. Pratibha Singh, in which the High Court passed an interim order saying that the elections be held but the result of the same shall not be declared. However, the Election Commission did not hold the election.;