SUBODH UNIYAL Vs. OM GOPAL

JUDGEMENT

(1.) LEARNED counsel for the returned candidate has submitted that the issue Nos. 5 and 6 being preliminary issues, be decided first.

(2.) MY attention has been invited towards issue Nos. 5 and 6, which read as follows:-

(3.) THE learned counsel for the returned candidate has submitted that the election petition does not contain all the material facts required under the law and it has no cause of action, hence the same is liable to be dismissed in limine. It has further been submitted by learned counsel for the returned candidate that no cause of action is available to the petitioner and whatever the statements have been pleaded by the petitioner in his election petition, the same being incorrect, the petition is liable to be dismissed. He has also invited my attention towards following decisions with regard to his submission:-