Instant election petition has been filed challenging the result of biennial election of Rajya Sabha/Council of State, which was declared on 26.6.2004.

The present Election petition was filed on 13.07.2004. Thereafter, the matter was placed before the Hon'ble Chief Justice for nomination of Bench and in turn thereof, Hon'ble Mr. Justice N.K.Mehrotra was nominated. Subsequently, Hon'ble Mr. Justice O.P.Srivastava was nominated and thereafter Hon'ble Mr. Justice Shri Narayan Shukla was nominated to deal with the matter but later on His Lordship released the case and in turn this Bench has been nominated by the Hon'ble Chief Justice.

2. At the very threshold of arguments, Shri S.N.Shukla learned counsel for the election petitioner had not pressed the relief with regard to the validity/vires of amended provision contained in Section 3 of Representation of the People Act, hence, question with regard to validity of amended Section 3 of Representation of the People Act is not dealt with.

3. The election petitioner, Mr. Madan Mohan, whose nomination as Congress candidate was rejected by the returning officer, has challenged the election of respondents 1 to 11. They have been elected for Cou

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