KASHI NATH MISRA Vs. VIKRAMADITYA PANDEY

JUDGEMENT

(1.) This is an application under O. 6, R. 16, read with O. 7, R. 11 of the Code of Civil Procedure (C.P.C.) and S. 86(1) of the Representation of People Act, 1951 (briefly, the Act) by respondent No. 1 to strike out paragraphs No. 14 and 15 of the election petition and then to dismiss the election petition under O. 7, R. 11, C.P.C., read with S. 86(1) of the Act.

(2.) Respondent No. 1 was elected as a member of the U.P. Legislative Assembly from 227 Ballia Legislative Assembly constituency, district Ballia when that constituency had undergone poll on 15-6-1991. Next to respondent No. 1 was the petitioner who was defeated with a margin of 2008 votes. Thereafter the petitioner filed this election petition calling in question the election of respondent No. 1 on grounds of corrupt practice and reception of invalid votes and rejection of valid votes as stated in grounds A, B, C and D in para 13 of the election petition. Grounds A and B relate to the corrupt practice of booth capturing, as inserted in the Act by Act No. 1 of 1989 with effect from 15-3-1989. In Ground C, it is stated that the election petition is liable to be dismissed on ground of contravention or non-compliance of the provisions of the Act, of the Conduct of Election Rules, 1961 (for short, the Rules), directions and orders issued by the Election Commission time to time as envisaged by S. 100(1)(d)(iv) of the Act. Ground D is covered by S. 100(1)(d)(iii) of the Act.

(3.) By means of this application, respondent No. 1 contends that the petitioner having failed to disclose the material facts and full particulars relating to the charge of corrupt practice and other grounds all the subparagraphs comprised in paras 14 and 15 in which material facts and particulars relating to the aforesaid grounds are said to have been stated, deserve to be struck out under O. 6, R. 16, C.P.C. and material facts constituting the cause of action having not been disclosed in paras 14 and 15 of the petition, the whole election petition which cannot survive in the absence of the material facts, is liable to be dismissed under O. 7, R. 11(a), C.P.C.