Rajesh Singh Chauhan, J. - (1.) Heard the petitioner, Sri Qamar Ahmad in person and Sri O.P. Srivastava, learned Senior Advocate assisted by Sri Amit Sharma appearing for the Chief Election Commissioner, the sole respondent.
(2.) This petition has been filed with the following prayers : "i. To restrain the Opp. Party from issuing a notification initiating the election process to fill the seat held by Sri Prabhu Manohar Gopal Krishna Parrikar in the Council of States (Rajya Sabha) from the State of Uttar Pradesh. ii. In the nature of mandamus commanding the Opp. Party to decide the representation dated 30.08.2017 annexed as Annexure no.1 to the writ petition. iii. In the nature of mandamus commanding the Opp. Party not to issue a notification initiating the election process to fill the seat held by Sri Prabhu Manohar Gopal Krishna Parrikar in the Council of States (Rajya Sabha) from the State of Uttar Pradesh till decision of Review Petition now C.M. Application No.39455/2016 In Re: Election Petition No.8 of 2014."
(3.) Facts of this case, which lie in a narrow compass, are that the petitioner had filed his nomination for election to the Council of States (Rajya Sabha) from Uttar Pradesh on 10.11.2014 pursuant to a notification issued for an election to 11 seats. However, his nomination was rejected on 11.11.2014 by the Returning Officer. The petitioner, feeling aggrieved by the rejection of his nomination, filed an election petition bearing No. 8 of 2014 before this Court at Lucknow under Section 80 of The Representation of the People Act, 1951 (herein after referred to as the 1951 Act). The said election petition has been dismissed on 15.5.2015 whereafter the petitioner has filed a petition seeking review of the judgment dated 15.5.2015 which is said to be pending before this Court. It has been stated by the petitioner that review petition filed by him is within the limitation prescribed.;