SANJAY JAGANNATHRAO JADHAV Vs. KALE VIKRAM VASACNTRAO

JUDGEMENT

(1.) By the instant Election Petition no.1 of 2017, the petitioner is challenging the elections of Aurangabad Teacher's Constituency. The petitioner is seeking declaration that the election of respondent no.1 as null and void on the grounds as detailed in the election petition. In response to the notice issued, respondent no.1 has appeared in the Election Petition and also fled his written statement. Respondent no.1 has fled an application under order VII Rule 11 of the Civil Procedure Code for rejection of the plaint. The petitioner has also fled his say to the said application fled under Order VII Rule 11 of the Civil Procedure Code.

(2.) Learned counsel appearing for respondent no.1 submits that the election petition from its contents do not provide material particulars as to the allegations made in the body of the election petition. Learned counsel submits that for want of material particulars, the election petition failed to disclose the cause of action. Learned counsel submits that the petition if taken as it is, is liable to be rejected in terms of the provisions of Order VII Rule 11 of the Civil Procedure Code and in terms of the provisions of section 81 to 84 more particularly, section 83 (1)(b) of the Representation of People Act , 1951 (hereafter for short referred to as 'the act of 1951) read with Rule 94-A and form No.25 of the Conduct of Elections Rules, 1961 (hereafter for short referred to as 'the rules of 1961'). Learned counsel submits that paragraph nos.4 and 5 of the election petition contain allegations regarding fling of false affdavit about the municipal taxes and electricity dues. Learned counsel submits that the petitioner has not provided material facts alongwith full particulars of the fact as to the actual amount of dues towards Municipal Taxes and electricity bills so as to indicate the arrears. Learned counsel submits that these two paragraphs 4 and 5 respectively do not provide any material particulars as to the year of municipal taxes and the dues towards electricity bills.

(3.) Learned counsel appearing for the respondent no.1, in order to substantiate his submissions, placed reliance on the following cases :-