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Judgment
Vijay Kumar Shukla, J
This Writ Petition is filed under Article 226 of the Constitution of India.
The petitioner is challenging the filing of election nomination form by the respondent No.5 for Legislative Constituency No.207, Indore-4. He has raised objection that respondent No.5 is not eligible to fill up the form and to contest the election in view of the provisions of Article 173(a) of the Constitution of India and Section 5 of the Representation of People Act, 1951 and Section 16 of the Representation of People Act, 1950 as he is not a 'Citizen of India' as required under the law. According to him he is citizen of Pakistan and he has still not renounced the citizenship of Pakistan.
Counsel for the respondent No.4 submits that there is no restriction so far issuance of nomination form is concerned to any person. The date for scrutiny of nomination form is 31.10.2023 i.e. tomorrow and the objection of the petitioner at the time of consideration of nomination form of the respondent No.5 shall be considered by the authority in accordance with law.
In view of the aforesaid statement made by the respondent No.4 the present petition is disposed of with the direction to the respondent No.4 to consider and decide the objection of the petitioner at the time of scrutiny of the nomination form of the respondent No.5 after affording opportunity of hearing to the petitioner and the respondent No.5.
With the aforesaid, this Writ Petition stands disposed of. C.C today.