VANI RAO Vs. AMAR AGARWAL AND ORS.

JUDGEMENT

(1.) THIS order shall govern the disposal of application under Order 7 Rule 11 of C.P.C., filed on 21.03.2014 wherein the Respondent No. 1 has challenged the tenability of the election petition. Another application was moved under Order 7 Rule 11 on 09.03.2014 which is not pressed by the respondent.

(2.) THE written statement in this election petition has been filed on 08.5.2014. Prior to that an application under Order 7 Rule 11 of CPC was preferred to challenge the maintainability of the petition. The Instant I.A. No. 1/2014 is under Order 7 Rule 11 of CPC filed by Respondent No. 1, the returned candidate, who contested the election for the Chhattisgarh State Legislative Assembly held in the year 2013 from constituency No. 30 Bilaspur as a candidate of Bharatiya Janta Party. Dr. N.K. Shukla, learned senior counsel appearing on behalf of respondent No. 1 submits that primary ground of challenge in this election petition is that the voters list which was earlier utilized was erroneous, therefore, it resulted to cause defeat of the petitioner. It is contended that such ground cannot be made a subject matter to set aside the election of Respondent No. 1 under the Representation of People Act, 1951 (For short "R.P. Act 1951"). It is stated that since the pleadings do not constitute a cause of action triable under the Act 1951 as such the petition is not tenable. It is further submitted that since the entire cause of action is based on defective voters list, the same cannot be subject of cause of action in the election petition as the Court cannot probe into the matters governed by Representation of People's Act 1950 and consequently, the election cannot be declared void. Further submissions of counsel for respondent No. 1 are as follows:

(3.) LEARNED counsel made a reference to Para 4 of the election petition and stated that the entire preamble of the election petition is contained in this para. Referring to pleading, it is stated that pleading to the effect that how the will of people of the region was over shadowed by employing the people of other region and imaginary facts are produced that since the real voters were eclipsed by the other voters who are outsiders, the monarchy was created. It is stated that such pleadings are vague and without any foundation and pleadings of material facts.