PRATYUSHA RAJESHWARI SINGH Vs. RUDRA MADHAB RAY

JUDGEMENT

(1.) This is an application filed under the provisions of Order 6 Rule 16 and Order 7 Rule 11 of Code of Civil Procedure, 1908 read with Section 86 of the Representation of Peoples Act, 1951 (for short, 'the Act').

(2.) Facts in nutshell relevant for appropriate adjudication of this misc. case are as follows:-

(3.) By order dated 18.12.2014, this Court directed for issuance of notice on admission in the election petition. On appearance, the petitioner filed this misc. case with a prayer to strike out/delete paragraphs-5 to 12 of the election petition as well as to reject the election petition on the ground stated therein. It is contended, inter alia, that the submissions and allegations made in the election petition do not make out any ground for challenge as contemplated under Section 100 of the Act and the allegations made in the election petition are not in conformity with Section 83 of the Act. It is further stated that the averments made in the election petition do not disclose the manner in which the result of the election has been materially affected. The election petition also does not disclose the material fact as contemplated under Section 83(1)(a) of the Act. Since the averments made in the election petition do not constitute a complete cause of action, the election petition is bad. The allegations made in paragraphs- 6 to 11 of the election petition are completely bald, vexatious, frivolous and scandalous, and hence the same are liable to be struck out from the pleadings. The petitioner stated inter alia that she was born at Ranchi on 29.11.1971 and her mother was born in 1950 at Indore.