SHRINIWAS TIWARI Vs. RAJKUMAR URMALIA

JUDGEMENT

(1.) This order shall govern disposal of LA. No. 1/10 which is an application, under Order VII Rule 11 (a) read with Order VI Rule 16 of the Civil Procedure Code (hereinafter referred to as "the Code") and Section 83 (1) (a) of the Representation of People Act (for short 'the Act'), moved by the respondent No. 1 for rejection of the election petition for non-disclosure of cause of action or a triable issue.

(2.) The respondent Nos. 2 to 25 have remained unrepresented despite service of respective notices.

(3.) In this petition, election of the returned candidate, viz., the respondent No. 1 from M.P. Legislative Assembly Constituency Sirmour No. 68 has been called in question on the grounds mentioned in sub-clauses (iii) and (iv) of Section 100 (1) (d) of the Act with a prayer for a direction to order re-inspection/recount of ballot papers. The petitioner has further sought a declaration that he himself has been duly elected from the Constituency.