TANAJI APPASO RUIKAR Vs. SURESH (BHAU) DAGADU KHADE

JUDGEMENT

(1.) Application (L) No. 2 of 2020 is by the Respondent to the Election Petition. It is framed as an application for rejection of the Election Petition under Order 7 Rule 11 (a) of the Code of Civil Procedure 1908 ("CPC") on the ground that the Election Petition makes out no case and discloses no cause of action, and that no triable issue arises. Specifcally, it is alleged that even taking the Petition as laid, the Election Petition does not disclose an electoral offence within the meaning of Section 123(2) of the Representation of the People Act 1951 ("RP Act"). Rejection is also sought under Section 83 of the RP Act.

(2.) First, as to the contents of these two Sections. Section 83 reads thus:

(3.) Section 123 has several components. It is an admitted position that we are concerned only with that portion of it that deals with 'undue infuence'. We are not concerned with the provisions, for instance, of sub-clause (1) relating to bribery, nor those of sub- sections 3(A) and 3(B) . Section 123 and sub-section (2) with its proviso read thus: