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SURYA PRAKASH KESARWANI, GAUTAM CHOWDHARY
State of U. P. – Appellant
Versus
Manoj Kumar – Respondent
JUDGMENT :
Surya Prakash Kesarwani, J.
1. Heard Sri Manish Goyal, learned Additional Advocate General, alongwith Sri Ajeet Kumar Singh, learned Additional Advocate General assisted by Sri J.N. Maurya, learned Chief Standing Counsel and Sri Sudhanshu Srivastava, learned Additional Chief Standing counsel and Sri Amrendra Nath Singh, learned senior advocate, assisted by Sri Ajay Kumar, learned counsel for the petitioners.
2. Sri Manish Goyal, learned Additional Advocate General submits as under:
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
The validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
The finality of the electoral roll and the inability to challenge its validity in an election petition.
Point of law: petitioners are entitled to claim a right under the Constitution to vote and contest in the elections. But, that right must be a right accrued to Petitioner Nos. 2 to 4, as on the date ....
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