Hon’ble Devendra Kumar Arora, J.—Heard Shri S.N. Tripathi, petitioner in person, Shri O.P. Srivastava, learned counsel for Election Commission of India, opposite party No. 1, Shri I.H. Farooqui, Assistant Solicitor General of India on behalf of opposite party No. 2 and Shri Kapil Dev, Senior Advocate on behalf of opposite party No. 3.

2. By means of present petition, the petitioner has challenged the validity of the election of Shri Shyam Kishor Shukla (opposite party No. 3) under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the “R.P. Act, 1951”) on the grounds specified under Section 100 (1)(a) and (c ) and (d)(i) and (iv) of R.P. Act and seeks a declaration of election of opposite party No. 3 as void under Section 98(b) of R.P. Act, 1951, specifically on the following grounds :

(a) being a nominee of an association opposite party No. 4 vide his nomination papers at Annexures 5 to 7, opposite party No. 3 is, on the date of his Election, not qualified to be chosen to fill the seat of 86, Lucknow (West ) Assembly Constituency in U.P. within the meaning of Article 173 of the Constitution for short, “Article” and Section 5 of R.P. Act, a