PAWAN SINGH Vs. TULSIRAM SILAWAT

JUDGEMENT

(1.) Heard on I.A.No.2047/2022 which is an application under Order 7 Rule 11 and Sec. 151 of CPC read with Sec. 86(1) of the Representation of People Act, 1951 (hereinafter referred to as "Act of 1951") filed on behalf of respondent no.1 for rejection of election petition on the grounds mentioned therein.

(2.) The present election petition has been filed by the original petitioner Rahul Silawat, who also contested the election from the Constituency No.211 Sanwer, District Indore as an independent candidate but lost to respondent no.1 by a margin of 95845 votes in the general elections for Legislative Assembly held in the month of December, 2018.

(3.) The respondent no.1 filed the reply of the election petition on 16/6/2019 and denied all the allegations in toto and in reply to the allegations made against the respondent no.1, it is contended that the allegations levelled in the election petition do not fall under the definition of corrupt practice described under the Act of 1951. During the pendency of this petition the respondent no.1 resigned from the Legislative Assembly and his resignation was duly accepted on 14/3/2020 and the seat of Sanwer Constituency No.211 was declared vacant on account of resignation of respondent no.1. After the by- elections were notified by the election commission, the original petitioner filed an application for withdrawal of the petition and lastly in compliance to order passed by this Court, the Registry of this Court published the notice on 27/1/2021 seeking withdrawal of the election petition and thereafter on 13/2/2021, the substituted petitioner filed an application under Sec. 110(C) of the Act of 1951 which was allowed and the present petitioner has been constituted in place of the original petitioner and this Court permitted him to continue proceedings of the instant election petition.