Pending petition in HC restrains ECI from announcing date for Milkipur bypoll

An election petition pending in the Lucknow bench of Allahabad high court challenging the affidavit of former Samajwadi Party MLA Awadhesh Prasad filed during filing of nomination papers in 2022 assembly polls restrained the Election Commission of India (ECI) on Tuesday from announcing the date for the Milkipur assembly bypoll in UP.
Milkipur caught the attention of the entire opposition as the seat fell vacant after SP MLA Awadhesh Prasad won the 2024 Lok Sabha election from Faizabad Parliamentary constituency by defeating two-time BJP MP Lallu Singh.
Announcing the schedule for assembly elections in Maharashtra and Jharkhand, the ECI also declared November 13 as the date for bypolls to nine assembly seats of UP.
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Awadhesh Prasad had defeated sitting BJP MLA Baba Gorakhnath in the 2022 assembly elections. Gorakhnath had filed a petition in high court challenging Prasad’s election on the ground that the affidavit filed by the Samajwadi Party leader was not valid.
In the petition, Gorakhnath pointed out that the licence of the notary officer Rakesh Srivastava had expired in 2011 and no application had been forwarded by him for its renewal. Gorakhnath got the information about expiry of the licence through an RTI.
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The case is pending in the court of Justice Pankaj Bhatia.
“The last hearing of the case took place on September 12, 2023,” said advocate Sandeep Yadav, who was representing Baba Gorakhnath in court.
“As the petition is still pending in the high court, the ECI cannot conduct bypoll in Milkipur assembly seat,” he added.
The former BJP MLA said: “I will withdraw my petition within a week. Had filed it along with another person, Shivmurti. We have decided to withdraw the case to pave way for the bypoll,” said Gorakhnath.
For the BJP, the importance of Milkipur bypoll could be gauged by the fact that chief minister Yogi Adityanath was in-charge of this assembly segment. Besides, four other ministers of the state government were appointed to look after election preparations in Milkipur.
On the other hand, the Samajwadi Party was also leaving nothing to chance to retain the seat. It reposed faith in Faizabad MP Awadhesh Prasad by giving ticket to his son Ajit Prasad from Milkipur.
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Ram Gopal Kori was the BSP candidate on this reserved assembly seat. However, the ruling BJP was yet to announce its candidate.
Ex-BJP MLA likely to withdraw case
Former BJP MLA Baba Gorakhnath is likely to withdraw his petition in the high court against SP MP Awadhesh Prasad on Wednesday, so that bypolls could be held in Milkipur assembly constituency.
Following instructions from the party high command, he will be in the state capital on Wednesday to sign an application for withdrawing the case.
“Baba Gorakhnath will withdraw the election petition. He will come to Lucknow (on Wednesday) to sign an application giving his consent to withdraw the case,” said advocate Sandeep Yadav, representing the former BJP MLA in court.