The Milkipur seat became vacant in June when Prasad was elected to the Lok Sabha. While the Election Commission of India (ECI) announced bypolls for nine assembly seats in Uttar Pradesh on October 15, Milkipur was excluded due to the pending petition.
![[Ayodhya’s Milkipur Assembly Bypoll] HC Allows Withdrawal Of Petitions, Clears Decks](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/image-2-2.png?resize=486%2C277&ssl=1)
Allahabad: The Lucknow bench of the Allahabad High Court on Monday(25th Nov) granted permission for the withdrawal of an election petition filed by former BJP MLA Baba Gorakhnath, clearing the way for a bypoll in the Milkipur assembly constituency of Ayodhya.
The petition had contested the 2022 election win of Samajwadi Party (SP) MLA Awadhesh Prasad.
Justice Pankaj Bhatia of the single-judge bench passed the order, removing the legal obstacle that had delayed the bypoll process.
The Milkipur seat became vacant in June when Prasad was elected to the Lok Sabha. While the Election Commission of India (ECI) announced bypolls for nine assembly seats in Uttar Pradesh on October 15, Milkipur was excluded due to the pending petition.
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Gorakhnath, who represented the BJP as the Milkipur MLA in 2017 but lost to Prasad in 2022, filed the petition alleging irregularities in Prasad’s nomination. The petition claimed Prasad took an incorrect oath during the filing process, and the notary who authenticated his documents lacked a valid license. This issue was uncovered through an RTI inquiry.
On October 17, Justice Bhatia directed Gorakhnath to serve a copy of his withdrawal application to all parties and publish it within a week. The final approval granted by the court on Monday now enables the ECI to proceed with scheduling the bypoll.
Advocate Sandeep Yadav, representing Gorakhnath, confirmed the development.
“The high court has permitted the withdrawal of the election petition, allowing the Milkipur bypoll to proceed. A copy of the order will be sent to the ECI, which will determine the next steps,” Yadav stated.
In the recent bypolls held on November 20 for the other nine seats, the BJP emerged victorious in seven, while the SP secured two.