(1.) Respondent No.4/Returned Candidate has filed an application (I.A. No. 02/2024) under Order VII Rule 11 of the Civil Procedure Code (for short 'CPC') read with Sec. 86 of the Representation of People Act, 1951 (for short 'the Act, 1951') for dismissal of the election petition.
(2.) The facts of the present case are that the Second Phase of the General Election to the Legislative Assembly of the State of Chhattisgarh was notified on 21/10/2023. The last date for submission of the nomination form was 30/10/2023. The date of scrutiny of nomination papers was 31/10/2023. 2/11/2023 was scheduled for withdrawal of nomination papers.
(3.) It is further pleaded by the petitioner that on 31/10/2023 at 11:10 am, the petitioner approached the Returning Officer to rectify the mistakes, but he was not permitted. It is pleaded that the petitioner made representations/complaints through e-mail to the respondent authorities on 30/10/2023; 31/10/2023 and 3/11/2023 for redressal of his grievances, but no heed was paid. It is also pleaded that Writ Petition (C) No. 4866/2023 was filed challenging the rejection of the nomination paper and said petition was dismissed as not maintainable vide order dtd. 10/11/2023. The election petitioner further pleaded that he collected documents under the Right to Information Act and thereafter filed this election petition on 16/1/2024 within limitation along with a security deposit of Rs.2,000.00.