RAM LAKHAN YADAV Vs. USHA RANI AND ORS.

JUDGEMENT

(1.) The elections to the post of President/Chairman Nagar Panchayat, Jhunsi Allahabad was held in accordance with the provisions of U.P. Municipalities Act 1916 (Act of 1916) read with U.P. Municipalities (Election of Members, Corporates, Chairman and Mayor) Rules 2010(Rules of 2010). The petitioner along with seven others contested the elections, and was declared elected on 7 July 2012. The first respondent assailed the election of the petitioner in a petition being Election Petition No. 1 of 2012 filed under Section 20 of the Act of 1916 before the Election Tribunal/District Judge, Allahabad.

(2.) Election was assailed on two grounds: (i) irregularities/illegality in preparation of electoral roll, (ii) improper reception and rejection of valid votes of the petitioner and the contesting respondents.

(3.) Petitioner contested the petition by filing written statement. In an application filed under Order 6 Rule 16 read with Order 7 Rule 11 of the Code of Civil Procedure, petitioner sought rejection of the plaint and the petition on the ground that the election petition does not disclose the material facts nor the cause of action. The election Tribunal by the impugned order dated 20 July 2015 rejected the application holding that the election petition is maintainable and discloses the cause of action. The impugned order is being assailed in writ jurisdiction.