CHANDRA NARAYAN TRIPATHI Vs. KAPIL MUNI KARWARIYA

JUDGEMENT

(1.) Heard Mr. Narendra Kumar Pandey for the petitioner, Mr. K. R. Singh and Mr. S. C. Dwivedi for the respondent on the interlocutory application no. 294725 of 2009, moved under Order VI Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code').

(2.) The respondent has moved the aforesaid application for addition of new para 88 A to 88 I in the written statement and thereby wants to specify additional ground for showing that the proposer no. 2 Pramod Kumar was not an elector, therefore, he was not competent to subscribe the petitioner's nomination for the election of the Member of the House of People from 51 - Phoolpur Parliamentary Constituency of district Allahabad, which was held on 16.4.2009. The petitioner and the respondent and other persons filed their nominations. The returning officer found the nomination of the petitioner as invalid on the ground that proposers Onkar Nath Tripathi, Rajesh Kumar, Tarun, Ashok Kumar and Akhilesh Kumar Dubey were not electors and their names did not find place at listed serial numbers of part no. 275 of "262- Allahabad North Assembly Constituency".

(3.) The petitioner has pleaded in the election petition that he filed his nomination as an independent candidate which was subscribed by ten proposers, whose details have been specified in para 37 of the election petition, which is being reproduced as follows: