RAKESH AGARWAL Vs. SANTOSH KUMAR GANGWAR

JUDGEMENT

(1.) Heard Shri Rakesh Agarwal, the petitioner in person and Shri Subodh Kumar and Shri Udit Chandra, learned counsel appearing on behalf of respondent.

(2.) The instant election petition has been filed by Rakesh Agarwal, Advocate with a prayer to declare the election of respondent-Santosh Kumar Gangwar, who has won the 17th Lok Sabha election from 25 Bareilly Lok Sabha seat, held between 18th March and 23rd May, 2019 to be void.

(3.) Before adverting to the facts narrated in the election petition, it is necessary to mention that an election petition is not an action at Common Law, nor in equity. It is a statutory proceeding to which neither the common law nor the principles of equity apply but only those rules which the statute makes and applies. It is a special jurisdiction and a special jurisdiction has always to be exercised in accordance with the statute creating it. In the election disputes, the Court is put in straight jacket. The success of winning candidate is not to be likely interfered with. The burden of proof lies on one, who challenges the election to raise necessary pleadings and adduce evidence to prove such averments as would enable the result of the election being set aside on any of the grounds available in law.