SANJAY KUMAR DAS BURMA Vs. LALATENDU BIDYADHAR MOHAPATRA

JUDGEMENT

(1.) THIS misc. case has been filed by the respondent in the election petition, under Order -6, Rule -16 and Order -7, Rule -11 of the Code of Civil Procedure, 1908 read with Sections 83, 86 and 87 of the Representation of the People Act, 1951 to strike out the pleadings and also to reject the election petition on the grounds, inter -alia, that the pleadings in the election petition are vague, scandalous and lacking in material particulars, and also they do not disclose any cause of action.

(2.) FOR the sake of convenience, the petitioner in the misc. case is referred to as the 'respondent' and the opposite party -election petitioner as the 'petitioner' hereinafter.

(3.) OBJECTION to the misc. case has been filed by the petitioner with the pleadings that the election petition has been presented in conformity with the provisions contained in Sections 80A, 81, 82, 83 and 84 of the Act, inasmuch as he has pleaded the material facts in detail in paragraphs 15(A) to 15(AH) as to how the election was materially affected and regarding non -compliance with the statutory requirements embodied in Rules 49 -A, 49 -E, 49 -S and 56 -C of the Conduct of Election Rules, 1961. The facts pleaded in the election petition make out a triable case for adducing evidence and there is no non -compliance with any provisions of the Act and the election petition is in conformity with the requirements of Sections 83 and 86 of the Act. According to the petitioner, the misc. case has been filed only to delay the proceeding and, as such, the same is liable to be dismissed.