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Narottam Mishra vs The Election Commission Of India & … on 14 July, 2017

2 The petitioner was aggrieved.

3 He filed legal proceedings in the High Court of Madhya Pradesh

(W.P.(C) No.9704/2017 Dr. Narotam Mishra Vs. Rajender Bharti). SLP

{(C) No.1608/2017 Rajender Bharti Vs. Dr. Narotam Mishra} and a

Transfer Petition {(c) D-20213/2017} also came to be filed before the Apex

Court. These petitions were disposed of on 12.07.2017. The parties agreed

that W.P.(C) No.9704/2017 pending before the Bench of Madhya Pradesh be

transferred for hearing and disposal on merits to the High Court of Delhi.

The Apex Court had noted that the outcome of the proceedings in the

aforenoted writ petition would have an important bearing on as to whether

W.P. (C) No. 5825/2017 Page 2 of 36
the petitioner (in W.P.(C) No.9704/2017) continues to be a Member of

Legislative Assembly of the State of Madhya Pradesh or not and hence if he

could vote in the Presidential election scheduled for 17.07.2017. The Apex

Court was of the view that this issue could be determined only after the

challenge raised to the order passed by the Election Commission

(23.06.2017) is decided by the High Court either finally or by an interim

order.

Source: Indian Kanoon

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