SHUKRAJIT NAYAK Vs. ROSHANLAL AGRAWAL AND ORS.

JUDGEMENT

(1.) The order shall govern the disposal of I.A. No. 2, an application under Order 7 Rule 11 of the Code of Civil Procedure, filed by the respondent No. 1, the returned candidate, wherein the respondent No. 1 has challenged the tenability of the election petition and raised the preliminary objection that the election petition do not disclose the cause of action.

(2.) The petition is preferred inter -alia claiming the following relief: - -

(3.) As would evident from the prayer made, the challenge is on the ground that the petitioner, who belongs to Indian National Congress for Legislative Assembly Constituency, 16 Raigarh and the respondent, who was the candidate of Bhartiya Janta Party, it is pleaded that the petitioner, lost the election for the reason, corrupt practice was adopted by the respondent returned candidate. The petitioner received about 70453 number of votes, whereas, the returned candidate received 91045 number of votes, whereby the petitioner lost the election by margin of 20592 votes. It is pleaded by the petitioner that during election campaign it came to the notice that on 14.11.2013, election flying squad has taken action against the respondent candidate for adopting corrupt malpractices and on application being made, some documents were received on 13.12.2013. The set of documents have been placed alongwith the election petition. It is pleaded that on 14.11.2013, a party was being hosted at a hotel, wherein the respondent was hosting 40 odd members, thereafter on being raided the premises, 40 pieces of 36 inches colour Sansui Television sets were seized for which the hotel management failed to adduce any documents. The petition further alleges that subsequently the election officers caught hold of goods vehicle bearing number No. C.G. -10 -C -9814 with 40 pieces of Videocon refrigerators and 76 pieces of Sansui Television Sets. Since the valid document could not be produced by the driver, "suspicion seeded" with regard to the activities carried by the respondent, which were brought to the notice of the Returning Officer. It is further alleged that by such documents as annexed, which shows nexus between the article seized and the intention of it being distributed amongst the potential voters which was made with ulterior motive by the respondent. In the grounds of the petition, it is further alleged that distribution of the expensive gifts, television sets and refrigerators by the respondent has successfully induced and gratified voters into voting in his favour which eventually has caused the lost of majority to the petitioner. Therefore, the election of the respondent in constituency No. 16 Raigarh is void.