(1.) Heard Dr. L.P. Misra, assisted by Sri Rajeiu Kumar Tripathi, learned counsel for the respondent on the objections so raised against the maintainability of the election petition and Mohd. Altaf Mansoor, assisted by Sri Tanay Chaudhary, learned counsel for the election petitioner.
(2.) Since learned counsel for the respondent has submitted that his application for rejection/dismissal of the election petition may be considered as an application filed under Order VII Rule 11 CPC, therefore, that application which is bearing Civil Misc. Application/ I.A. No.2 of 2022 is being decided by means of the following order.
(3.) This is an election petition filed by Mohhamad Aslam alias Mohhamad Aslam Raeeni, the petitioner, through his counsel Mohd. Altaf Mansoor challenging the declaration of election dtd. 10/3/2022 issued by Returning Officer of 290-Shrawasti Constituency in the General Elections Uttar Pradesh- 2022 in favour of the respondent as duly elected Member of the State Legislative Assembly mainly on the ground of non-disclosure of criminal cases, non-disclosure of complete assets in the nomination paper, inconsistent educational qualification and inconsistent age in the nomination paper and other documents.