KISHORE Vs. MILIND

JUDGEMENT

(1.) The election petition has been filed by the petitioner under Section 81 of the Representation of the People Act, 1951 (in short, "R.P. Act, 1951"?) challenging the election of the respondent No.5 from Constituency No.57, North Nagpur (Scheduled Caste), Legislative Assembly Constituency reserved for Scheduled Caste category candidate.

(2.) According to the petitioner, the Electronic Voting Machines (in short, "EVMs"?) were tampered with. It is his case that there were several voters, who were supporters of the Bahujan Samaj Party, the party which had nominated petitioner to contest the election held on 15.10.2014, who had cast their votes in favour of the petitioner, but they were registered and recorded in the name of respondent No.5 and that there were several other voters who could not exercise their franchise due to confusion created by power failures occurring twice at some of the polling booths on the polling day. The petitioner has also contended that the voters were influenced in various ways by the respondent No.5 including use of religious symbol which was an image of Lord Buddha. The petitioner has further alleged that paper printers, in spite of directions given by the Hon'ble Supreme Court, were not attached to the EVMs, and this resulted into interference with the free and fair elections.

(3.) The petition has been resisted by the respondent No.5 and he, after filing his written statement, has moved an application under Order 7 Rule 11 of the C.P.C. seeking rejection of the election petition on the ground that the allegations are vague and the election petition as a whole does not comply with the mandatory requirements of Sections 81,83,100 and 123 and also Rules framed under the R.P. Act, 1951. This application has been vehemently opposed by the petitioner.