RAM SINGH Vs. KAZI MOHIUDDIN

JUDGEMENT

(1.) This is an application under Order 6, Rule 16 C.P.C. by the respondent No. 1 praying that the paragraphs Nos. 7 to 71 of the election petition be struck out, inasmuch as they do not disclose material facts and cause of action.

(2.) The petitioner who was one of the candidates has filed the petition under Section 81 of the Representation of People Act, 1951 (the Act, 1951 in brief) calling in question the election of the respondent No. 1 to the U. P. Legislative Assembly from 420 Roorkee Legislative Assembly Constituency with the prayer that(1) the election of the respondent No. 1 be declared void and be set aside; and (2) that the petitioner be declared elected instead from the aforesaid constituency.

(3.) For electing the members of the U. P. Legislative Assembly, general elections took place in March, 1985. Last date of filing the nomination paper was 6-2-1985 and the last date of withdrawal was 9-2-1985. The poll took place on 5-3-1985. The accounting was done on 6th March, 1985 and then the respondent No. 1 was declared elected. The petitioner and all the respondents contested the election.