HARI SINGH NARWARIYA Vs. RAKESH SHUKLA

JUDGEMENT

(1.) THIS election petition has been filed under section 80,81,100,101 read with sections 123(4) and (8) of the Representation of People Act, 1951 (in short R.P.A.) alleging certain corrupt practices and booth capturing by the elected candidate Rakesh Shukla in respect of election held on 25.11.1998 for Mehgaon Constituency No. 10 Madhya Pradesh Vidhan Sabha election.

(2.) THE returned candidate Rakesh Shukla has contested the petition and had moved application raising preliminary objections under Order 6 Rule 16 CPC and section 87 of R.P.A. and another application under order 6 Rule 5, CPC read with Section 87 of the R.P.A. Similar preliminary objections are also raised in written statement filed on behalf of returned candidate/respondent No.1. On the basis of preliminary objections certain preliminary issues were framed which includes issue Nos. 1 to 9, 13, 15,17 and 19.

(3.) I have heard the learned counsel of the parties at length on the preliminary issues and carefully perused the record.