KANAK VARDHAN SINGH DEO Vs. SAROJ KUMAR MEHER

JUDGEMENT

(1.) This Interlocutory Application under Order-7, Rule-11 of the C.P.C., 1908 has been filed by the respondent (returned candidate) in Election Petition No.20 of 2024 against the election petitioner praying for rejection of the Election Petition No.20 of 2024 filed by the election petitioner on the ground that, though allegations of corrupt practices have been alleged against the respondent in the election petition, but, the election petition is not supported with its statutory requirement, i.e., an affidavit in Form No.25, which was required according to Sub-sec. (1) of Sec. 83 of the Representation of the People Act, 1951 read with Sec. 94-A of the Conduct of Elections Rules, 1961.

(2.) I have already heard from the learned counsel for the respondent(returned candidate) and the learned senior counsel for the election petitioner. For the rejection of the election petition of the election petitioner, the learned counsel for the respondent(returned candidate) relied upon the following decisions:-

(3.) The respondent(returned candidate) has filed this Interlocutory Application for rejection of the election petition of election petitioner on the ground of non-compliances of the provisions of Sec. 83(1) of the Representation of the People Act, 1951 and Rule-94-A of the Conduct of Elections Rules, 1961 for non-filing of the required Form No.25 with the election petition of the election petitioner.