SUBALA SAHOO Vs. PRASANNA ACHARYA

JUDGEMENT

(1.) THIS matter is arising out a petition filed by the present petitioner (respondent in the election petition) under Order -6, Rule 16, Rule -11 of the Code of Civil Procedure (in short, the "Code") read with section 86 of the Representation of People's Act, 1951 (in short "The Act") with a prayer to dismiss the election petition at the threshold as there has been non -compliance of provisions of section 81(3) of the Act and as it does not state the material facts and particulars and (i) the pleadings in para 14(A) to 15(AN) are completely bereft of said required material facts; (ii) whatsoever have been pleaded are wholly unnecessary, frivolous, scandalous and vexatious liable to be struck off and it is stated that if those are allowed to stand the same would occasion abuse of process of the Court.

(2.) FOR the sake of convenience, to avoid confusion and bring in clarity, the petitioner in the above noted Misc. case is described as the "respondent" and the opposite party - election petitioner is described as the 'petitioner' as they have been arraigned in the election petition.

(3.) BEING duly served with the notice in the election petition the respondent having entered appearance has filed the written statement and then also the present miscellaneous petition giving rise to the Misc. case as above noted. The miscellaneous petition makes reference to the written statement filed by the respondent. The followings are the contention raised for the purpose of dismissal of the election petition at the threshold: