(1.) .This application has been filed by the sole Respondent of the above Election Petition under Order VII Rule 11 of CPC read with Sec. 83 of the Representation of People Act, 1951 to reject/dismiss the Election Petition in its entirety at the very threshold. It is stated that the pleadings in the election petition disclose no cause of action and are vague, baseless without any source of information or foundational pleadings so as to constitute material facts. Further, the Election Petition being bereft of material facts and particulars and not constituting any triable issues needs to be dismissed at the threshold.
(2.) The Election Petition has been filed by the Election Petitioner questioning the election of the sole Respondent from 54-Sukinda Assembly Constituency to the Odisha State Legislative Assembly in the General Elections, 2024, seeking the prayers as enumerated under Paragraphs-(a) to (f) of the prayer portion of the petition. Pursuant to the notification issued by the Election Commission of India, polling was conducted and upon counting of votes the Respondent was declared elected after securing the highest number of votes, the margin of victory being 9,577 votes over the Election Petitioner. Pursuant to summons issued by this Court upon admission of the Election Petition, the sole Respondent entered appearance and filed his written statement. In addition, he has filed the present I.A. to which a written objection has been filed by the Election Petitioner.
(3.) For convenience, the parties are referred to as per their original status in the Election Petition.
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