GAUTAM BORA Vs. MATIUR RAHMAN

JUDGEMENT

(1.) THE respondent No.2, who is the returned candidate in Election Petition No.5/2011 has filed this application (Misc Case No. 3279/2011) under Order 7 Rule 11 and Order 6 Rule 16 of the Code of Civil Procedure read with Section 87 of the Representation of the People Act, 1951 (for short 'the 1951 Act') praying for striking out the pleadings as well as rejection of the election petition for want of cause of action and being devoid of basic material facts so as to give rise to triable issues.

(2.) THE election petitioner has filed his objection in response to the Misc Case No. 3279/2011 asserting that the election petition contains sufficient materials meriting its trial.

(3.) I have heard Mr. S Bharali, learned counsel appearing for the applicant/returned candidate and Mr. P Sharma, learned counsel appearing for the election petitioner/opposite party. Also perused the Election Petition No. 5 of 2011, Misc Case No. 3279/2011 as well as objection filed by the election petitioner thereon and written argument filed by the parties in Misc Case No. 3279/2011.