LAWS(KAR)-2000-10-24

M P KESHAVA MURTHY Vs. A NARAYANASWAMY

Decided On October 13, 2000
M.P.KESHAVA MURTHY Appellant
V/S
A.NARAYANASWAMY Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS application under Section 87 of the Representation of the People Act, 1951 ('the Act' for short) read with Order 6, Rule 16; Order 7, Rule 11 (a) and Section 151 of the Code of Civil Procedure ('c. P. C. ' in short) is filed for respondent No. 1 ('r-1' for short) praying that for the reasons sworn to in his accompanying affidavit, the pleadings in paragraphs-6 to 21 of the Election Petition be struck out as being "unnecessary, scandalous, frivolous, vexatious and tending to prejudice and embarrass and consequently reject the petition as not disclosing the cause of action in the interest of justice and equity". It may be mentioned here that "paragraphs-6 to 21 of the Election Petition" stated in the application has to be, admittedly, read as paragraphs-6 to 11 of the Election Petition as there are only 11 paragraphs in the petition.

(3.) AS counter to this application, petitioner has filed his affidavit stating that the petition does disclose the cause of action, and that the application is liable to be rejected. Admitted Facts :