SOHAN SINGH JODH SINGH KOHLI Vs. CHANDRAKANTA GOYAL

JUDGEMENT

(1.) This Chamber Summons has been taken out by the respondent for the purpose of dismissal of this Election Petition No. 19 of 1990 under the provisions of section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") for non-compliance with sections 81 and 83 of the Act and for non-disclosure of any cause of action. There is also another prayer for striking off certain paragraphs of the pleadings under Order 6, Rule 16 of the Code of Civil Procedure, as according to the respondent the pleadings contain scandalous, frivolous, vague, vexatious, irrelevant and unnecessary or otherwise prejudicial statements, which have no bearing on the grounds pleaded in the election petition.

(2.) Similar Chamber Summonses have been taken out by the respondent in each of the matters, in all 9, including this Chamber Summons and they have been placed for hearing. In most of these matters, Mr. M.P. Vashi has appeared for the petitioners and in two matters, Mr. Kotwal has appeared for the petitioners. On behalf of the other side, the respondents have been represented by Mr. Sathe, Mr. Singh, Mr. Pandit and Mr. Tulzapurkar. In all these Chamber Summonses, the arguments are more or less the same and the questions involved are also the same. Hence I have heard all the advocates on either side in detail and my reasons are being given, here, though ultimately I propose to pass separate orders in each of the Chamber Summons.

(3.) I may also mention that by and large in each of these election petitions, the case of the petitioner is that the successful candidate has committed corrupt practices within the meaning of sections 123 (3) and 123 (3-A) of the Act.