PRABHAT PANDEY Vs. DIMPAL YADAV

JUDGEMENT

(1.) Heard learned counsel for the parties on a combined application under Order 6 Rule 16 read with Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the "CPC") alongwith another application under Section 86(1) of the Representation of People Act, 1951 (hereinafter referred to as the "Act") and also perused the record.

(2.) The present election petition has been filed challenging the election of Smt. Dimpal Yadav, respondent no.1, from the Kannauj Lok Sabha Constituency No.42 in the By Election held in accordance to the programme.

(3.) Briefly, the facts are that Sri Akhilesh Yadav, the husband of the respondent no.1 and Leader of the Samajwadi Party (hereinafter referred as the "SP") was the elected representative of the Constituency. In the Assembly election held for the State of U.P. in March 2012, the SP came to power and Sri Akhilesh Yadav became the Chief Minister and thus vacated the seat. The Election Commission of India issued a notification on 30th of May 2012 and notified the following programme for the By Election :