Former BJP MLA Baba Gorakhnath Today (Oct 16) moved the Allahabad High Court to withdraw his petition challenging the election of Samajwadi Party leader Awadhesh Prasad from the Milkipur assembly constituency in the 2022 election. The Milkipur seat has fallen vacant following Prasad’s election to Lok Sabha. The Election Commission on Tuesday announced bypolls to nine assembly seats in Uttar Pradesh but left out Milkipur due to proceedings in the matter before the Lucknow bench of the court.
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UTTAR PRADESH: Former BJP MLA Baba Gorakhnath moved the Allahabad High Court on Wednesday to withdraw his petition challenging the election of Samajwadi Party (SP) leader Awadhesh Prasad from the Milkipur assembly constituency in the 2022 elections. This move is expected to clear the path for a by-election in the Milkipur seat, which has been vacant since Prasad’s election to the Lok Sabha.
The Election Commission of India had earlier announced bypolls for nine assembly seats in Uttar Pradesh on Tuesday, but Milkipur was notably excluded due to the ongoing legal proceedings in the matter before the Lucknow bench of the Allahabad High Court.
“I have moved the request for the withdrawal of litigation. The court will hear my plea on Thursday,”
-said Gorakhnath.
The former BJP MLA expressed his intent to withdraw the petition, hoping that by doing so, by-elections could finally be conducted in Milkipur. His decision came shortly after the Election Commission’s announcement regarding bypolls in 48 constituencies across 15 states, including nine seats in Uttar Pradesh. However, Milkipur was left out because of the pending litigation between Gorakhnath and Prasad.
In his petition, Gorakhnath alleged that Prasad had provided incorrect information in his oath while filing his nomination for the 2022 Milkipur assembly by-election. Prasad, who emerged victorious in that election, later contested and won a seat in the Lok Sabha in 2024, thereby necessitating the by-election in the Milkipur constituency.
The legal challenge also raised concerns regarding the validity of the documents submitted by Prasad. According to the petition, the notary who attested Prasad’s nomination papers did not possess a valid license at the time, which is a violation of the Supreme Court’s guidelines for elections.
This issue remained under judicial review, thereby delaying the by-election process.
Gorakhnath emphasized,
“I will withdraw this litigation within a week from the high court as I and another person named Shivmurti have filed the writ. We have decided to withdraw the case to pave way for the by-election.”
This decision is seen as a crucial step towards resolving the legal impasse that has kept the Milkipur seat vacant.
When asked about the current status of the case, Gorakhnath revealed that the high court had requested additional documents in September 2023. Some arguments were presented in the case, but no definitive date for the next hearing had been set.
“The matter remained pending,”
-he added, highlighting the prolonged nature of the proceedings.
The Election Commission announced that bypolls for nine of the ten vacant seats in the Uttar Pradesh Legislative Assembly would be held on November 13, with results expected on November 23. However, Milkipur was left out due to the pending legal matter.
Apart from Milkipur, all the other assembly seats fell vacant after their respective MLAs were elected to the Lok Sabha. The exception is the Sisamau seat, where SP MLA Irfan Solanki was disqualified following his conviction in a criminal case.
In the 2022 Uttar Pradesh assembly elections, the Samajwadi Party had secured victories in Sisamau, Katehari, Karhal, Milkipur, and Kundarki. Meanwhile, the BJP had claimed Phulpur, Ghaziabad, Majhawan, and Khair, while the Rashtriya Lok Dal (RLD) held Meerapur.
The Karhal seat became vacant after Samajwadi Party chief Akhilesh Yadav was elected to the Kannauj Lok Sabha constituency, further necessitating the by-election in Karhal.
Gorakhnath’s decision to withdraw his petition is expected to expedite the by-election process in Milkipur, bringing an end to the uncertainty surrounding the representation of the constituency.
In conclusion, Gorakhnath’s decision to withdraw the litigation marks a turning point in the Milkipur assembly by-election saga. With the court expected to hear his plea on Thursday, it seems likely that the Milkipur constituency will soon see its by-election scheduled, enabling the people of the region to elect their new representative.
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