GAJENDRASINH UDESINH PARMAR Vs. MAHENDRASINH KACHARSINH BARAIYA

JUDGEMENT

(1.) The applicant of Election Application No. 26 of 2018 (hereinafter referred to as 'the applicant') is the original respondent no. 3 whose election to the 33 Prantij Legislative Assembly Constituency is under challenge in the election petition. This application has been filed by the elected candidate - original respondent no. 3 invoking the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short 'the Code'). According to the applicant, the election petition being Election Petition No. 12 of 2018 filed by present respondent no. 1 ought to be dismissed as (i) it does not disclose any cause of action and (ii) is barred by law.

(2.) It is the case of the elected candidate that the petition filed by the election petitioner does not comply with the mandatory provisions of The Representation of the People Act, 1951 (hereinafter referred to as 'the Act') more particularly Chapter III of the Act. According to the applicant, the application is clearly barred under the provisions of Order 7 Rule 11 (a) and (d) of the Code.

(3.) In order to decide the controversy at hand, the case of the election petitioner who has filed such petition under Sections 80 and 81 read with Section 100 of the Act need to be set out. The prayer in the election petition reads as under :