ANUGRAH NARAIN SINGH Vs. NARENDRA KUMAR SINGH GAUR

JUDGEMENT

(1.) SUNIL Ambwani, J. This is an application under Order VII Rule 11 Code of Civil Procedure, 1908 as amended (in short CPC) read with Section 86 (1) of the Representation of the People Act, 1951 (in short, the Act) dated 19-8- 2002, with a prayer to dismiss the election petition, as it does not disclose the cause of action as also the material facts and particulars, and on the ground that the election petition has not been filed in compliance with Section 83 of the Act. The application is supported by the affidavit of respondent No. 1, the elected candidate. The election petitioner has filed his objections to the application on 21-11-2003. The replication was filed on 7-12-2002.

(2.) THE applicant-Dr. Narendra Kumar Singh Gaur, was declared elected to the Uttar Pradesh Legislative Assembly from Allahabad (North) Assembly Constituency on 24-2-2002, in the elections notified on 16- 1-2002, for which the polling took place on 21-2- 2002, with 30187 votes. THE election petitioner Shri Anugrah Narain Singh obtained 25976 votes.

(3.) THE election petition was permitted to be amended by Court's order dated 18-11-2003, on an application No. 164579 of 2003, carried out in the petition on 20-11-2003. THE concise statement of material facts supporting the grounds taken as above and relied upon by the election petitioner are detailed in the election petition as follows: Para 4 (i) para 15, 33 (amended) and 34 para 4 (ii) para 19 to 32, 43 and 46 para 4 (iv) para 35, 43, 44, 45, 46 para 4 (v) Schedule b para 4 (vi) para 19, 25, 26, 27 and 30 para 4 (vii) para 31 and 33 para 4 (viii) Para 19 to 32, 43 and 46