SURAJ BALRAM MISHRA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) By the present election petition, the petitioner has challenged the election of respondent No.5 - Nitin Jairam Gadkari on the ground that the Bharatiya Janta Party (BJP) and its workers have violated the Model Code of Conduct. It is alleged that Software was created and slips were distributed to voters having photographs, name of respondent No.5 - Nitin Jairam Gadkari and symbol of the BJP. It is further alleged that machines were given to the representatives of all booths of Nagpur. The main function of the machine was to print the voters' details having photos, name of respondent No.5 - Nitin Jairam Gadkari and symbol of the BJP. Thus, respondent No.5 - Nitin Jairam Gadkari and the BJP committed violation of Code of Conduct. The respondent No.5 - Nitin Jairam Gadkari by means of corrupt practices violated the Model Code of Conduct. Various complaints including the complaint of the petitioner were lodged as to the said violation. However, no cognizance was taken and hence the petition.

(2.) By this petition, the petitioner has claimed following reliefs.

(3.) In response to the notice, respondent No.5 - Nitin Jairam Gadkari appeared and filed an application vide Civil Application No.139/2025 under Order VII Rule 11 of the CPC with Sec. 86 of the Representation of the People Act, 1951 (the RP Act) for rejection of election petition and Civil Application No.140/2025 under Order VI Rule 16 the CPC for striking out of pleadings.