KRISHNA KUMAR GUPTA Vs. RAJENDRA SHUKLA

JUDGEMENT

(1.) This order shall govern disposal of I.A. No. 39/2009, which is an application under Order 7 Rule 11 of the CPC for rejection of the election petition inter alia on the following grounds :-

(2.) Learned counsel for respondent No. 1 has further submitted that the pleadings in regard to corrupt practice is vague and do not spell out as to how election results have been materially affected because of the facts stated in the petition. In this way the facts stated in the petition do not formulate complete cause of action. Counsel has placed reliance on a decision of the Apex Court in Anil Vasudev Salgaonkar Vs. Naresh Kushali Shigaonkar, 2009 9 SCC 310 and Ram Sukh Vs. Dinesh Aggarwal, 2009 10 SCC 541.

(3.) The petitioner has filed reply to the aforesaid application denying the grounds raised by respondent No. 1 for rejection of the petition. It is submitted that the petitioner has specifically pleaded the facts in regard to corruption and source of his information. It is further submitted that the petitioner has already filed an affidavit in compliance of Section 83(1) of the R.p. Act. Learned counsel for the petitioner has further submitted that all the necessary facts have already been pleaded in the election petition and to find out the existence of cause of action, the Court can not devide the pleadings in several parts, rather the petition will have to be read as a whole. Counsel has placed reliance on a decision of Apex Court in Govind Singh Vs. Harchand Kaur, 2011 2 SCC 621 and Ponnala Lakshmaiah Vs. Kommuri Pratap Reddy and others, 2012 7 SCC 788.