NARESH KUMAR PATEL Vs. NAND KUMAR PATEL

JUDGEMENT

(1.) THIS order shall dispose of I.A. No. 2564/2006 filed by Respondent No. 1, an application under Order 7 Rule 11 of Code of Civil Procedure and I.A. No. 2685/ 2006 filed by Respondent No. 7 under Order 7 Rule 11 of Code of Civil Procedure for dismissing the election petition in limine for non-compliance of the mandatory requirements of Representation of People's Act, 1951 and the rules made thereunder (hereinafter referred to as the Act of 1951 and Rules.)

(2.) THE Petitioner being registered as Electoral in 18, Kharsia Assembly Constituency has filed this Election Petition under Section 80 and 80-A of the Act of 1951 for declaring the election of Respondent No. 1 as a Member of Legislative Assembly from Constituency No. 18, Kharsia, district Raigarh as illegal and void on the ground that he resorted to the corrupt practices during the election as contemplated in Sub-Section 1, 5 and 7 of Section 123 of the Act of 1951. The detail election programme is given in paragraph 2 of the petition and the Respondent No. 1 was declared elected by a margin of 32,768 votes from the Respondent No. 2 on the election counting which was held on 4-12-2003.

(3.) THE Respondent No. 1 has filed the above application and has prayed for dismissal of the petition at the threshold on the ground that the material fact and material particulars relating to the alleged corrupt practices averred in para 10(a) to 10(j) of the petition do not disclose cause of action and the allegations and particulars are not pleaded and the petition is bereft of material facts/material particulars. Apart from the above, the Respondent No. 1 has also taken a ground that the verification contained in affidavit does not conform to the Form prescribed under the law.