BEDANTI TIWARI Vs. BHAIYALAL RAJWADE AND ORS.

JUDGEMENT

(1.) THIS order shall govern the disposal of I.A. No. 2, application under Order 7, Rule 14 (sic 11) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') raising preliminary objection that Election Petition filed by the petitioner does not disclose triable and reasonable cause of action for the grounds stated in the election petition and therefore, it is liable to be dismissed summarily invoking jurisdiction under Order 7, Rule 11 of the CPC. Election petitioner has filed this Election petition under Section 80A read with Sections 100 and 101 of the Representation of the People Act, 1951 (hereinafter referred to as "the RP Act, 1951") for declaring the election of respondent No. 1, from 3 Bainkunthpur Legislative Constituency as illegal and void under Section 98 (b) of the RP Act, 1951 mainly on the following grounds: - -

(2.) UPON service of summons of the election petition, respondent No. 1/returned candidate without filing written statement straightway filed application under Order 7, Rule 14 (sic 11) of the CPC stating inter alia that election petition as framed and filed is not maintainable in law as the non -payment of the electricity dues is not a material lapse leading to rejection of nomination paper; and further pleaded that the election petitioner has failed to plead that the alleged improper acceptance of the nomination paper, the result of the respondent No. 1/returned candidate has been materially affected as required under Section 100(1)(d)(i) of the RP Act, 1951; secondly that the non -disclosure of the liability towards electricity dues would not amount to undue influence by no stretch of imagination and, as such, it would not be corrupt practice within the meaning of Section 123(2) of the RP Act, 1951. He would also submit that affidavit filed in support of corrupt practice is also not in accordance with the prescribed pro forma laid down by Rule 94 -A of the Conduct of Election Rules, 1961 and, as such, the election petition is liable to be dismissed for want of triable cause of action.

(3.) SHRI B.P. Sharma, learned counsel appearing for respondent No. 1/returned candidate while supporting his application under Order 7, Rule 14 (sic 11) of the CPC would submit as under: - -