YADUNANDAN SINGH Vs. FAGGAN SINGH KULASTE

JUDGEMENT

(1.) HEARD on IA No. 13/2005 which is an application filed under Order 7, Rule 11 of the Code of Civil Procedure by a returned candidate, respondent No. 1, for the dismissal of election petition.

(2.) PETITIONER is an elector and belongs to regional political Gondwana Gantatra Party. He has challenged the election of respondent No. 1 as Member of Parliament from Constituency No. 013 Mandla by filing an election petition on 26.6.2004 under section 80A of the Representation of the People Act, 1951 (in short, "the Act"). Petitioner has pleaded in paragraph five of the petition that nine candidates had contested the election in which Hira Singh Markam, a candidate of Gondwana Gantantra Party, secured 173176 votes and respondent No. 1 secured the highest number of 238073 of votes on account of which respondent No. 1 was declared elected. Constituency No. 013 Mandla was reserved for scheduled tribe.

(3.) RESPONDENT No. 1 filed his written statement on 6.9.2004 wherein he categorically denied the allegations of corrupt practice made against him by the petitioner. Respondent No. 1 has also averred that as the petition has not been filed in accordance with the provisions of the Act and the Conduct of Election Rules, 1961, the same deserves to be dismissed summarily on this ground alone. Along with the written statement, he has filed the photo copy of petition served on him.