MOHD KAISAR Vs. CHABBILI DEVI

JUDGEMENT

(1.) -HEARD Shri T. P. Singh, Senior Advocate assisted by Shri Siddharth Nandan for the petitioner. Shri Siddharth Verma appears for the respondent.

(2.) THE petitioner was declared elected in the elections of President, Nagar Panchayat Dewarniya, Tehsil Bahedi, Distt. Bareilly, held on 6. 11. 2006. The result was declared on 17. 11. 2006. He is aggrieved by the order dated 4. 3. 2008 passed by the Additional District Judge, Court No. 7, Bareilly in Election Petition No. 34 of 2006 between Chabbili Devi v. Mohd. Kaisar rejecting his application under Order VII, Rule 11, Code of Civil Procedure for rejection of the plaint.

(3.) SHRI T. P. Singh, learned Counsel for the petitioner submits that the election petition was liable to be dismissed on the ground of non-compliance of the provisions of section 20 (5) of the Municipalities Act, 1916, as it was not presented by the petitioner in person before the District Judge. He submits that the election petition lacks necessary particulars, to support the grounds of interpolation of votes as no material particulars, namely serial number of valid votes; the names of the counting agents; the number of counting table; name of counting supervisors; details of votes and the basis of information was disclosed in the election petition. The election petition leads to civil as well as criminal consequence. Although vague allegations are made against the Returning Officers and other persons, they were necessary, parties and were not impleaded in the election. The election petition has been filed with fishing and roving allegations, which do not constitute cause of action and was liable to be rejected.