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A bench headed by Chief Justice S H Kapadia said the Election Commission will first take a decision on the preliminary point concerning the maintainability of the complaint.
The bench said it was keeping the petition relating to the issue alive before it and any further proceedings will take place after it goes through the decision on the maintainability of the complaint by the EC.
It said the question of seeking material from the Uttar Pradesh government would arise only after it decides on the validity of the order passed by the EC.