Justice Indermeet Kaur also declined to pass any order directing a CBI probe into complaints and allegations of widespread corrupt practices in connection with the by-poll.
With the court refusing to "delve" into the matter as the by-election is scheduled for tomorrow, the petitioner withdrew his plea which was "dismissed as withdrawn".
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The petitioner, J M Rafi, had sought directions to the EC to reconsider holding of the by-poll in R K Nagar on December 21 in view of the complaints of widespread corrupt practices in connection with the election.
In his plea filed through advocates Astha Tyagi and C Kannan, he had also asked for a CBI probe into the complaints.
Rafi, a member of some local religious group, had also sought directions to the poll panel to decide his representation of December 7.
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