DHARAM SINGH HARSH SINGH Vs. RAVINDRA SINGH

JUDGEMENT

(1.) In the election, on the post of Zila Panchayat Member, which was held in September, 2008, Dharam Singh was elected as the returned candidate and Ravindra Singh apparently lost the election. Ravindra Singh, being aggrieved, by the declaration of the result, filed an election petition under the Uttar Pradesh (Kshettra Panchayats and Zila Panchayats) Adhiniyam, 1961. During the pendency of the election petition, the returned candidate Dharam Singh filed various applications, which are subject matter of adjudication in various writ petitions filed by him before this court. One petition of Ravindra Singh has also been filed praying that the election petition should be decided in a time span as directed by this Court. All the writ petitions have been clubbed together and are being decided together.

(2.) Heard Mr. Arvind Vashisht, the learned counsel for the returned candidate Dharam Singh and Mr. S. K. Mandal, the learned counsel for Ravindra Singh, who has filed the election petition. Writ Petition No.686 of 2010 (M/S)

(3.) This petition is against the order dated 17.04.2010, whereby the application of Dharam Singh filed under Order 7 Rule 11 of the C.P.C. has been rejected. The learned counsel for the petitioner submitted that from a perusal of the election petition, no cause of action arises and, therefore, the election petition should be dismissed. For facility, the provision of Order 7 Rule 11 of the C.P.C. is quoted hereunder:- "11. Rejection of plaint.- The plaint shall be rejected in the following cases:- (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp- paper within a time to be fixed by the Court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law: Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-papers shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-papers, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the paintiff."