NARAYAN DAS INKLAB GANDHI Vs. CHANDULAL SAHU

JUDGEMENT

(1.) THIS is an application for dismissal of the election petition under the provisions of section 86 of the Representation of People Act, 1951 (for short 'the Act, 1951) read with Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC) filed by the respondent No. 1, the returned candidate for the Lok Sabha election held in 2009 from 09- Mahasamund Constituency, District Mahasamund, Chhattisgarh. 1. According to learned counsel for the return candidate/respondent No.1 the election petition is not in accordance with the requirement as laid down under section 83 of the Act, 1951 as the election petition does not disclose any cause of action.

(2.) THE election petition has been filed by the election petitioner mainly on the ground of improper acceptance of the nomination papers and secondly, the return candidate has obtained votes by corrupt practice. According to Shri Mishra, it is not a case of improper acceptance of nomination papers of the return candidate which at all materially affected the result of the election. No defect in the nomination papers has been pointed out.

(3.) IN Samant N. Balkrishna & Another v. George Fernandez & Others', (1969) 3 SCC 238 the Supreme Court held as under: