DEEPAK DUBEY Vs. DR. KHILAWAN SAHU

JUDGEMENT

(1.) By this common order, interim applications I.A. No. 2/14 in EP No. 11/14 and I.A. No. 3/14 in EP No. 12/14 under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (in brevity 'CPC') filed on behalf of respondent Dr. Khilawan Sahu are being disposed of.

(2.) Petitioners have preferred above mentioned two election petitions under Sec. 80 of the Representation of People Act, 1950 (in brevity 'RP Act') challenging the election of Dr. Khilawan Sahu to CG Legislative Assembly from Sakti constituency No. 35 result of which was declared on 8th Dec., 2013.

(3.) By filing the application under Order 7, Rule 11 of the CPC, respondent Dr. Khilawan Sahu submitted that both the election petitions filed by the petitioners be dismissed under the provisions of Order 7, Rule 11 of the Civil Procedure Code as they do not disclose cause of action as per requirement of Order 7, Rule 11 of the C.P.C. It is submitted that as per contention made in the election petitions, respondent Dr. Khilawan Sahu is not a qualified doctor nor he possesses any degree of any recognised institution in medicine or alternative medicine. He had shown himself as doctor in the nomination paper and other annexed documents by writing doctor. As he was not qualified doctor, it is a violation of Sec. 100 sub-section (1)(b) read with Sec. 123 sub-section (2) of the RP Act. It is further alleged that affidavit as required along with nomination paper is neither on stamp nor duly notarized nor in prescribed format, thereby there is violation of Sec. 100 sub-section (1)(d)(i) and (iv) of the RP Act. It is also pleaded by the petitioners that the respondent has not kept proper account and not submitted proper account before the concerned authorities which is violation of Sections 77 and 78 read with Sec. 100 sub-section (1)(d)(iv) of the RP Act. The respondent is having degree of MBBS AM which was approved and accepted by the authorities. There is no disclosure of cause of action as to how writing of word 'Dr.' falls under the category of corrupt practise. Even otherwise as he possesses a degree of MBBS AM by writing the word 'Dr.' he had not violated any rule so that his election may be declared void nor committed any corrupt practise.