RAMESH KUMAR KHATRI Vs. DURGESH PATHAK

JUDGEMENT

(1.) The instant Election Petition has been filed under The Representation of the People Act, 1951 ("1951 Act") with a prayer to set aside the election of the respondent no. 1 held in AC-39, Rajinder Nagar, Assembly Constituency, thereby, declaring the said election as null and void. Additionally, the petitioner has also prayed for debarring the respondent no.1 from contesting Assembly Elections for six years, as per Sec. 8(A) of the 1951 Act.

(2.) By way of the present petition, it is alleged that the respondent no. 1 has shown fabricated expenses in the day-to-day expenditure register. The respondent no. 1 has not lodged true accounts of expenditure incurred on refreshment, hoarding, banners, pamphlets, brooms, etc. in his election expenditure register.

(3.) The present application has been preferred on behalf of the respondent no. 1 under Order VII Rule 11(a) and (d) of Code of Civil Procedure, 1908 ("CPC") for rejection of the present petition, on the ground that the same does not disclose any cause of action and being barred by law.