(1.) 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.
(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 the Representation of Peoples Act, hence, question with regard to validity of amended Section 3 of the Representation of Peoples 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 Council of States (Rajya Sabha) by the elected members of the U.P. Legislative Assembly, notified by Election Commission of India under Section 39 of the Representation of the People Act, 1951 (RP Act/RPA') vide notification dated 4.6.2004, as amended by subsequent notifications dated 10.6.2004 and 23.6.2004, the result of which was declared on 26.6.2004.
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