RAJKUMAR SINGH Vs. VIJAY KUMAR MISHRA AND OTHERS

JUDGEMENT

(1.) This is an election petition under Sec. 80, 80-A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the 'Act'). The petitioner had contested the election of 375, Ghazipur Legislative Assembly constituency of district Ghazipur in U.P. held on 11.2.2012 as per the election programme notified by the Election Commission of India and had lost the same to one of his rivals, respondent No.1 by a margin of 241 votes. Apart from the various grounds on which the result of the aforesaid election has been impugned, the main ground on which emphasis has been laid is one said to be covered by Sec. 100(1)(d)(iv) of the Act i.e. non-compliance with the provisions of the Constitution or of the Act or of any Rule or Order made under the Act.

(2.) Sri N.K. Pandey, learned counsel for the petitioner during the course of hearing had made a statement that he would be pressing his petition only on the aforesaid ground with regard to non counting of the Postal Ballots of the "voters on election duty". On notice, the returned candidate, respondent No.1 had put in appearance through Shri K.R. Singh. He filed a written statement and an application under Order 7, Rule 11 of the Code of Civil Procedure (hereinafter referred to as the 'Code') for rejection of the election petition on the allegation that it does not contain the material facts disclosing any cause of action for the petition on the above ground.

(3.) I have heard Sri K.R. Singh, learned counsel for respondent No.1 and Sri N.K. Pandey, learned counsel for the petitioner on the merits of the application filed under Order 7, Rule 11 C.P.C.