NAND KUMAR SAHU Vs. SATYANARAYAN SHARMA

JUDGEMENT

(1.) THE order shall govern the disposal of I.A. No. 3, which is an application under Order 7 Rule 11 of C.P.C., wherein the respondent has challenged the tenability of the election petition and raised the preliminary objection.

(2.) THE written statements though have been filed on 25.06.2014 prior to that, an application under Order 7 Rule 11 of C.P.C. was preferred to challenge the maintainability of the petition. Subsequent there to by an order dated 25.04.2014, the Court had directed for hearing of the application under Order 7 Rule 11 of C.P.C., pursuant there to, it has come up for hearing to adjudicate on maintainability of the petition as to whether cause of action arises for all the grounds pleaded in election petition.

(3.) THE challenge in the election petition is by the contesting candidate of Legislative Region No. 48, Raipur Gramin Legislative Assembly, District Raipur, who contested the election under the Bhartiya Janta Party. The respondent No. 1 is the returned candidate of the election held for the Region -48 of Raipur Gramin Legislative Assembly. The voting took place on 19.11.2013 and result was declared on 08.12.2013 and the respondent was declared as a elected member of legislative assembly. The respondent secured vote of 70,774 while the petitioner secured votes numbering into 68,931.