The hearing of the petition filed by the Lucknow bench of the Allahabad High Court on the Mirkipur assembly seat has been postponed for 15 days. A bench on Thursday asked former BJP MP Baba Gorakhnath to send a copy of the petition to all political parties seeking withdrawal of the petition against the Samajwadi Party leadership election and take steps within a week Publish it in the Gazette.
In his petition, the BJP leader alleged that the oath sworn by Samajwadi Party leader Awadesh Prasad while filing his nomination for the 2022 Mirkipur assembly by-elections was wrong. The SP leader won the by-election that year and later the 2024 Lok Sabha elections, after which a by-election was needed in Mirkipur.
The petitioner’s lawyer Sandeep Yadav told PTI that Justice Pankaj Bhatia directed that the petition should be listed on the 15th day of publication.
The Lucknow Bench of the High Court in its order said, “In view of the provisions contained in Sections 109 and 110 of the Representation of People Act, an application has been filed seeking withdrawal of the election petition filed by the petitioner (Baba Gorakhnath).)” .
BJP leaders approach HC
Earlier on Wednesday, Gorakhnath moved the high court to withdraw the petition challenging Prasad’s election.
After Prasad was elected to the Lok Sabha in 2024, the Mirkipur seat fell vacant. The Election Commission on Tuesday announced by-elections to nine assembly seats in Uttar Pradesh, but Mirkipur was excluded as the case was heard in a Lucknow court.
“Withdrawal of Petition”
Gorakhnath said he was withdrawing a petition to block by-elections in Mirkipur Assembly constituency, which had been hampered by the ongoing case. The petition alleged that Awadesh Prasad had given false oath while filing nomination papers.
The notary who authenticated Prasad’s documents did not have a valid license on the date of verification, the writ states. As directed by the Supreme Court, notarial lawyers must hold a valid license on the date of certification of the document.
“I vacated my seat four months ago”
Awadhesh Prasad, who won the election from Faizabad Lok Sabha seat, told PTI, I vacated the Milkipur seat about four months ago. It is Gorakhnath’s moral responsibility to withdraw the case and now he should withdraw the case as soon as possible. He should have withdrawn the case immediately after my resignation.
Let us tell you that the Samajwadi Party has fielded Ajit Parad, son of Awadesh Prasad, as its candidate in the by-elections to be held from Mirkipur assembly seat.
