P.C.SHARMA Vs. BHAGWANDAS SAHBNANI

JUDGEMENT

(1.) Petitioner has filed this election petition under Sec. 80 and 81 of the Representation of People Act, 1951.

(2.) Respondent has filed an application under Order 7, Rule 11 of C.P.C. for dismissal of election petition in limine.

(3.) Counsel appearing for petitioner submitted that only allegations made against respondent is in para 6 and 7 of election petition. It has been stated that battery of EVM Machine was showing charging at 99% and few EVM Machines battery were showing charging at 80%. It is pleaded that after full day of running, EVM Machine could not have battery of 99%. It is also argued that respondent in connivance with State Machinery has access to the battery. It is submitted that tampering has been done with EVM Machines. Corrupt practice was adopted by respondent. On said ground, petitioner has filed this election petition.