(1.) Respondent No.1 in the Election Petition, who is the Returned Candidate, has filed Application (L) No. 29930 of 2024 seeking rejection of the Election Petition under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (Code). Respondent No.1 has also filed Application (L) No.29880 of 2024 for striking of various paragraphs pleaded by the Petitioner in the Election Petition under Order VI Rule 16 of the Code.
(2.) The Election Petition seeks declaration of election of Respondent No.1 to the 18th Lok Sabha from 27 Mumbai North-West Constituency as void under provisions of Sec. 100(1)(d)(iii) and (iv) of Representation of People Act, 1951 (RP Act). The Election Petition further seeks a declaration that the Petitioner is duly elected to the 18th Lok Sabha from 27 Mumbai North-West Constituency under Sec. 84 read with Sec. 101(a) of the RP Act.
(3.) Brief facts leading to filing of the Election Petition are that the Election Commission announced the schedule for 2024 General Elections to the 18th Lok Sabha on 16/3/2024, which were to be conducted in seven phases. So far as election for 27-Mumbai North-West Constituency is concerned, the same was to be held in the fifth phase. The Election Schedule for fifth phase for 27-Mumbai North-West Lok Sabha Constituency was announced by the Election Commission as follows:
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