MAHESH N. ROKHADE Vs. H. K. PATIL

JUDGEMENT

(1.) The petitioner has filed this Election Petition under Sec. 81 of the Representation of Peoples Act, 1951 (for short 'Act of 1951') challenging the election of the respondent, the returned candidate from 66-Gadag Assembly Constituency in the assembly elections held in Karnataka 2023.

(2.) The respondent-elected candidate has invoked Order VII Rule 11 of the Code of Civil Procedure (for short 'Code') to reject the petition on two grounds namely; (a) the petition does not disclose the cause of action; (b) the petition is barred under law.

(3.) The petitioner has filed objection to the said application and contends that the matter requires a trial to adjudicate the contentions raised in the petition.