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Allahabad High Court issues notice to Nehtaur MLA on election petition

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The Allahabad High Court has issued notice to BJP MLA Om Kumar and other opposition parties on a petition challenging the validity of the Nehtaur assembly elections in Bijnor.

A Single Bench of Justice Salil Kumar Rai passed this order while hearing an Election Petition filed by Munshi Ram.

The Court noted,

The petition was presented in person by the petitioner before the Registrar General on 21.04.2022. The requisite security has been deposited.

The Registrar General has made a report to this effect indicating that the election petitioner had appeared in person and had been duly identified by Manish Kumar Kesarwani, Advocate.

The petition has further been reported to be within limitation by the Stamp Reporter vide report dated 20.04.2022. There is also compliance with the provisions of Sections 80, 80A, 81, 82 and 117 of the Representation of the People Act, 1951.

The Court issued notice to the respondents by ordinary process as well as by Registered Post in terms of Rule 6 of Chapter XV-A of the Allahabad High Court Rules, 1952, returnable on 19.07.2022. Notice through publication shall also be issued in terms of Clause (b) of Rule 6 of Chapter XV-A of the Rules of the Court.

“On the next date scheduled, the respondent shall appear before the Court and answer the claim, and, if he wishes to put up a defence, he shall file his written statement together with a list of all documents, whether in his possession or power or not, upon which he intends to rely as evidence in support of his defence, in terms of Rule 5 of Chapter XV-A of the High Court Rules. In default of appearance being entered on or before the date fixed, the election petition may be heard and determined in his absence,” the order reads.

The Court has fixed the next hearing of the petition on July 19, 2022.

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