BIMALANGSHU ROY Vs. KAMAALENDU BHATTACHARJEE

JUDGEMENT

(1.) By making this application under Order 6, Rule 16 read with Order 7, Rule 11 and Section 151 of the Code of Civil Procedure, the respondent No. 1, whose election, as a member of the Assam Legislative Assembly from No. 9 Silchar Legislative Assembly Constituency, is sought to get, inter alia, declared void in the Election Petition Case No. 3/2001. has approached this Court to get stuck out the contents of paragraph Nos. 5, 10, 11, 12, 13, 15 and 16 of the election petition on the ground, inter alia, that the contents of these paragraphs are unnecessary vexatious and scandalous and do not disclose any cause of action.

(2.) It needs to be noted, at the very out set, that the election petitioner, Opposite party made the election petition under Section 80(A) of the Representation of the People Act, 1951 (hereinafter referred to as "the R. P. Act") alleging, inter alia, that the election of the respondent No. 1-applicant is void on the ground that corrupt practices have been committed by the returned candidate, namely, the respondent No. 1-applicant, his election agent, etc., that there was no-compliance with the provisions of the Constitution as well as of the R. P. Act in holding the election, in counting the votes and in holding re-polling of votes. By his election petition, the election petitioner has prayed, inter alia, for declaration that the election of the returned candidate, namely, the respondent No. 1-applicant, is void and for further declaration that the election petitioner stands duly elected from the said constituency. The respondent No. 1 has, now, sought to get struck out, as indicated hereinabove, the contents of paragraph Nos. 5, 10, 1, 12, 13, 15 and 16 aforementioned on the ground as indicated hereinbefore.

(3.) I have heard Mr. N. Choudhry, learned counsel for the respondent No. 1-applicant, and Mr. A. M. Mazumdar, learned senior counsel, appearing on behalf of the election petitioner- Opposite party.