NAJEEB KANTHAPURAM Vs. K. P. MOHAMMED MUSTHAFA

JUDGEMENT

(1.) This is a petition filed by the 1 respondent in this Election Petition arraying the petitioner as well as other respondents as the respondents. The prayer in this petition is to consider the question as to rejection of election petition as provided under Order 7 Rule 11 r/w Order 6 Rule 16 of Code of Civil Procedure. In the affidavit in support of this petition, it has been stated that the grounds alleged by the election petitioner are illegal and improper. Detailed written statement has been filed by the 1 respondent in this regard. It is submitted further that the Election Petition does not contain necessary pleadings and the necessary details to constitute a complete cause of action for challenging the election. The following are the main contentions raised in the written statement to reject the Election Petition.

(2.) The original petitioner filed counter to the petition on the specific assertion that the entire material facts were pleaded in the Election Petition and the same would constitute a cause of action warranting trial of the matter and therefore the Election Petition is not liable to be summarily rejected as prayed for.

(3.) I shall refer the parties in this Petition as to their status in the Election Petition, ie. '1 respondent' as well as the 'petitioner'.