RAMDEO RAM Vs. VIJAYNATH

JUDGEMENT

(1.) I.A. No. 3031/200. This is an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 read with Section 86 of the Representation of the People Act, 1951 (henceforth 'the R.P. Act, 1951') filed by respondent No. 1 - returned candidate.

(2.) LEARNED counsel appearing for the returned candidate would submit that the election petition filed by the petitioner deserves to be dismissed on the following grounds:

(3.) THUS, respondent No. 1 - returned candidate was declared elected having obtained majority of votes as against the petitioner, difference being of only 42 votes. In the instant petition, the petitioner seeks a direction for re-checking and recounting of votes polled in No. 7. Lundra, Surguja Legislative Assembly Constituency and a declaration to the effect that the election of respondent No. 1 be declared as void and the petitioner be declared as elected. The petitioner has sought declaration of the election to be void on the ground mentioned in Section 100(1) (d) (iii) and (iv) of the R.P. Act, 1951. The petition merely states that the petitioner was informed orally that 100 votes of the petitioner were counted in favour of the returned candidate. The petitioner has not disclosed as to when and how the petitioner came to the conclusion that 100 votes of the petitioner were counted in favour of the returned candidate. The petitioner has further not disclosed as to whether this objection was raised during counting or thereafter. The petitioner has not given sufficient material facts and particulars and the petition further does not disclose any cause of action. The petition is causal, bereft of material facts and does not disclose any cause of action. The relevant paragraphs of the petition are as under :