(1.) THIS order shall dispose of I.A. No. 3, an application filed by the respondent under Order 7 Rule 11 read with Section 151 of the CPC for dismissal of the election petition in limine for non compliance of the mandatory requirement of the Representation of the People Act, 1951 (for short 'the Act') and the rules made thereunder.
(2.) SHRI B.P. Sharma, learned counsel for the respondent submitted that the petitioner by the instant petition has prayed as follows:
(3.) REFERRING to para -2 of the petition, it was submitted that there were in all 13 candidates including the respondent who contested the election, however, the petitioner has not joined other contesting contestants as party to the election petition except the respondent as per the provisions of Section 82 of the Act and, therefore, the petition is liable to be dismissed under Section 86 of the Act. He further argued that the election petition has been filed on the ground of allegation of corrupt practice referred to in para -8 of the petition. However, the petitioner has not filed any document in support of allegation of corrupt practice and he has also failed to give concise statement of material facts on which the petitioner relies and has also not set forth full particulars of corrupt practice that the petitioner alleges including the names of the parties alleged to have committed such corrupt practice, the date and the place of commission of each of such practice. The petitioner has averred that the respondent obtained permission of plying 4 vehicles, but no document in support of aforesaid contention has been filed to establish that any permission was accorded to the petitioner by the Returning Officer. Referring to the pleadings contained in para -8 of the petition in detail, it was argued that though the petitioner has alleged search and seizure of a particular vehicle used by the respondent for electioneering purposes with the permission of the Returning Officer on the allegation of carrying cartons of country made liquor for the purposes of distribution amongst the electorates for casting their votes, but no document evidencing such fact has been filed along with the petition. The detail of person to whom allegedly the respondent or any person authorized by him has distributed the liquor etc. has not been given. The material facts with respect to the allegation of distribution of blankets, sarees, clothes and liquor to the electorates by the respondent or his election agent or authorized representative have not been pleaded and the full names of the recipients of the aforesaid articles have not been given. The petitioner was bound to produce documents relied on in the election petition in his possession or power in support of his claim. Where he is not in possession of such document, he is required to state as to whose possession or power the document is.