(1.) THE Election Petition has been filed by Dr. Laxmi Kant Bajpai under Sections 80/81 of The Representation of the People Act, 1951' (here in after referred to as the 'Act') calling in question the election of the returned ' candidate Hazi Yaqoob from 381 Meerut Assembly constituency in the State of UttarPradesh.
(2.) THE returned candidate has filed this application under Order VIl Rule 11 of the Code of Civil Procedure, 1908 (here in after referred to as the 'CPC') read with Section 87 of the Act for rejecting the Election Petition as it does not disclose any cause of action.
(3.) THE grounds for challenging the election are referable to the grounds mentioned in Section 100(1)(d)(iii) and (iv) of the Act and are :