In a significant move, the Allahabad High Court on Thursday mandated former BJP MLA Baba Gorakhnath to distribute a copy of his application to all involved parties and initiate steps for its publication in the official gazette within a week. This application pertains to the withdrawal of a petition contesting the election of SP leader Awadhesh Prasad, following recent developments in the Milkipur assembly constituency.
Justice Pankaj Bhatia ordered that the petition be listed for hearing on the 15th day following the gazette’s publication, as confirmed by petitioner’s attorney, Sandeep Yadav. The court’s directive comes as part of the procedures under sections 109 and 110 of the Representation of the People Act, 1950, aligned with Chapter XV Rule 10 of the Allahabad High Court Rules, 1952.
Baba Gorakhnath’s original petition had questioned the legitimacy of Prasad’s oath during the nomination process for the 2022 Milkipur assembly by-election, which Prasad won. The controversy gained further significance after Prasad’s subsequent election to the Lok Sabha in 2024, leaving his assembly seat vacant and prompting upcoming by-elections.
The petition aimed to address discrepancies alleged against the notary involved in Prasad’s nomination, who reportedly lacked a valid license at the time of document attestation—a violation of Supreme Court standards requiring current licensure on the date of authentication.
Awadhesh Prasad, now a member of the Faizabad Lok Sabha, expressed relief over the withdrawal of the litigation which had been obstructing the electoral process for the vacant Milkipur seat. “It was Gorakhnath’s moral duty to withdraw the litigation to facilitate the by-election,” Prasad remarked to PTI. He had resigned from the assembly nearly four months ago, anticipating the by-election.
