(1.) These are applications by the Returned Candidate invoking the jurisdiction of this Court under Order VII, Rule 11 of Code of Civil Procedure, 1908 (CPC for short) and seeking dismissal of the Election Petition in limine. Alternatively, it is prayed that the below mentioned paragraphs in each of these Election Petitions be struck off in exercise of the powers conferred upon this Court vide Order VI, Rule 16 of the Civil Procedure Code :-
(2.) Application No. 7 of 2010 is preferred in Election Petition No. 11 of 2009 i.e. by Mr. Kamat Gurudas Vasant, who is respondent No. 4 and he states that he contested the elections to the Loksabha in General Elections held in the year 2009 from Mumbai North West Constituency. The elections were declared on 2nd April, 2009 and the programme notified for various stages of the electoral process stated that the same would come into effect on 2nd April, 2009 and continue till 16th April, 2009. It is stated that the nominations were filed within time and after the polling results were declared. He is elected to the Loksabha as he polled the highest number of votes.
(3.) The petitioner is a voter and his name is mentioned in the Voters' List of Dindoshi in Mumbai North West Electoral Roll at part 99 serial No. 647. He states that the Returned Candidate i.e. respondent No. 4 is a member of Indian National Congress which is a recognised Political Party. The application seeking dismissal of the election petition proceeds on the basis that amongst several contesting candidates at the poll, respondent No. 4 got the highest votes.
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