(1.) DILIP Gupta, J. These two applications have been filed by the returned candidate under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'cpc') (A-7):for rejecting the Election Petition as it does not disclose any cause of action and under Order VI Rule 16, GPG read with Section 86 (1) of The Representation of the People Act, 1951' (here in after referred to as the Act') (A-6) for striking out paragraphs 5 to 21 of the Election Petition.
(2.) THE Election Petition has been filed by Smt. Louise Khurshid under Section 80 81 of the Act calling in question the election of Kuldeep Gangwar for the Vidhan Sabha No. 297, Kaimganj constituency in the State of Uttar Pradesh.
(3.) SRI Satish Chaturvedi, learned Senior Counsel appearing for the petitioner, however, submitted that all the material facts have been stated in the petition and, therefore, the application deserves to be rejected and in support of his contention he has placed reliance upon the decisions of the Supreme Court in Virender Nath Gautam v. Satpal Singh and others, AIR 2007 SC 581 and Harkirat Singh v. Amnnder Singh, (2005) 13 SCC 511.