RAMGAREB Vs. AJAY ARJUN SINGH

JUDGEMENT

(1.) I.A. No.13540/2024 and I.A. No.13541/2024 - which are the applications filed on behalf of the respondents under Order 7 Rule 11 of Code of Civil Procedure for rejection of election petitions are taken into consideration.

(2.) Since the issue involved in these petitions is one and the same, and the applications filed under Order 7 Rule 11 CPC are identical therefore, they are heard together and are being decided analogously by this common order. However, for the sake of convenience pleadings made in EP No.6 of 2024 is being taken as the lead case.

(3.) The election petition has been filed challenging the election of the respondent on the ground that the respondent has not furnished correct and complete information at the time of submission of his nomination paper as well as in the affidavit submitted in Form 26 of the Conduct of Election Rules, 1961 (hereinafter referred as 'Rules of 1961'). Thus, there is no proper acceptance of his nomination paper. It is further pleaded that there as certain blank columns left in the nomination paper. Thus, there is non-compliance of mandatory provisions of the Representation of People Act, 1951 (hereinafter referred as 'Act of 1951') and the Rules of 1961. He has failed to comply with the Rule 4A of the Rules of 1961 by not furnishing the mandatory affidavit in Form 26 along with the nomination paper. Thus, he has committed corrupt practice in terms of Sec. 100(1)(d)(iv) of the Act of 1951.