DHARMENDRA YADAV Vs. SANGHMITRA MAURYA

JUDGEMENT

(1.) In the present election petition filed under section 80, 80-A and 81 of the Representatives of Peoples Act, 1951 (hereinafter referred to as 'the Act of 1951') the election petitioner has challenged the election of sole respondent-Dr. Sanghmitra Maurya (hereinafter referred to 'the respondent') to the 17th Lok Sabha from 23 Parliamentary Constituency (Budaun) which was held on 23.4.2019. The petitioner has prayed for a declaration to the effect that the election of the respondent be set aside and be declared null and void.

(2.) The petition was entertained by this Court and notice was issued to the respondent calling for her reply and in response thereto the respondent entered appearance and has filed written statement and subsequently three applications were filed by her under Order-6 Rule 16 of the Code of Civil Procedure (Application No. 2 of 2019), under Order 7 Rule, 11 C.P.C. (Application No. 3 of 2019) and under section 86 (1) of the Representative of Peoples Act, 1951 (Application No. 4 of 2019) The petitioner filed reply to the said applications by way of objection and further the reply by the respondent to the objection of the petitioner.

(3.) All the aforesaid three applications filed on behalf of respondent-returned candidate praying for rejecting the election petition filed by the petitioner at this very stage are being heard and decided by this common order.