Writ back challenging Mohan Gupta’s nomination: The whole matter changed after BJP candidate won the election in Gopalganj

Patna High Court’s photo.

The nomination of RJD candidate Mohan Prasad Gupta alias Mohan Gupta was challenged in the Patna High Court before the voting in the by-elections held in Gopalganj. For this, a youth named Deepu Kumar Singh, a resident of Gopalganj, had filed a writ in the Patna High Court. But, in the result which came on November 6, BJP’s female candidate registered her victory in Gopalganj seat. Due to this, during the hearing held in Patna High Court on Monday, the petitioner’s senior advocate SD Sanjay withdrew this writ.

He told the court that his motive was to get the RJD candidate’s nomination process checked. Because, he had hidden the true facts. The petition alleged that their nominations were wrongly and unfairly accepted by the Returning Officer. He was also accused of filing a false affidavit by concealing the facts. Form C-4, filled by the RJD candidate, had also been said to have given wrong information in respect of pending criminal cases.

The petition said that on September 7, 2022, a criminal case under the Excise Act was registered against M/s Silver Heritage Spirits LLP and its partner, director, manager for illegal business of liquor. That is why his nomination was challenged. But, the RJD candidate has now lost the by-election. Therefore, he withdraws the writ.

However, before this, advocate Siddharth Prasad, on behalf of the National Election Commission, referred to Article 329B of the Constitution of India in the court. On the basis of this, it was stated that this writ petition is not maintainable. Meaning no maintenance. Due to the results of Gopalganj by-election, there is no justification for hearing now. For this reason, the court also disposed of this case. On the writ filed by petitioner Dipu Kumar Singh, a single bench of Justice Mohit Kumar Shah heard it from the beginning till now.