LAWS(MPH)-2014-11-38

SHARADENDU TIWARI Vs. AJAY ARJUN SINGH

Decided On November 17, 2014
Sharadendu Tiwari Appellant
V/S
Ajay Arjun Singh Respondents

JUDGEMENT

(1.) THIS order shall govern disposal of IA No. 12911/2014, which is an application filed by respondent no.1 under Order 6 Rule 16 of the Code of Civil Procedure (for short 'CPC').

(2.) THE petitioner has filed the present Election Petition alleging corrupt practice on the ground of exceeding the limit of election expenses as provided under Rule 90 of Conduct of Elections Rules, 1961.

(3.) IT is undisputed that petitioner and respondent no.1 had contested the general election of M.P. State Legislative Assembly 2013 and respondent no.1 has elected as returned candidate of 76, Churhat State Legislative Assembly Constituency by a margin of 19,356 votes. During pendency of the petition, respondent no.1 has filed IA No. 12911/2014, an application under Order 6 Rule 16 of C.P.C. for striking out paragraphs 14(A), 14(D), 14(E), 14(F), 14(G)(i), 14(H)(i), 14(I), 14(L), 14(M), 14(N), 14(O) and paragraphs 15 to 17 and 19 from the pleadings of the petition because these are irrelevant, unnecessary, frivolous and vexatious.