(1.) Heard Sri Manish Goyal, learned senior advocate along with Sri P.K. Singhal, assisted by Sri Brijesh Pratap Singh, learned counsel for the applicant-respondent and Sri N.K. Pandey, learned counsel for the election petitioner on Applications filed by the respondent being Application A-9 (under Order VI Rule 16, C.P.C.), Application A-10 (under Order VII Rule 11, C.P.C.), and Application A-11 (under Order VIII Rule 1, C.P.C.).
(2.) Briefly stated facts of the present case are that election for Member of Parliament, from 78-Bhadohi parliamentary constituency of District Bhadohi was held as per following program:-
(3.) In the aforesaid election, 32 candidates including the election petitioner and the respondent, filed their omination. Nomination papers of 20 candidates were rejected by the returning officer. On 24.04.2019 after withdrawal of nomination papers, the returning officer issued list of contesting candidates i.e. 12 candidates in Form 7A dated 26.04.2019 along with symbols allotted to them and other requisite particulars including photographs of candidates etc. As per aforesaid list of contesting candidates, the election petitioner was contesting the election as candidate of Bahujan Samaj Party and the respondent was contesting the election as candidate of Bhartiya Janta Party. Copy of form 7A has been filed as Annexure-18 to the election petition. After counting, the returning officer declared the result. The election petitioner secured 4,66,414 votes while the respondent secured 5,10,029 votes. Thus, the respondent was declared elected.
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