C.C. SINGPHO Vs. KHUMRAL LUNGPHI

JUDGEMENT

(1.) WITH the help of an election petition, made under Sections 80 and 80A read with Section 81 of the Representation of the People Act, 1951, (in short, the 'ROP Act'), the opposite party herein, as election petitioner, has called in question the election of the present applicant (who, stands, now, impleaded, in the election petition, as respondent No.1) to the Arunachal Pradesh Legislative Assembly from 49 Bordumsa-Diyun (General) Legislative Assembly Constituency, the election petition having given rise to Election Petition No.4/2009.

(2.) IT is in this election petition that the present Miscellaneous Application has been made, under Order VI Rule 16 read with Order VII Rule 11 of the Code of Civil Procedure, seeking striking out of the pleadings in the election petition and rejecting, thereafter, the election petition itself.

(3.) BEFORE coming to the grounds seeking striking out of the pleadings and rejection of the election petition, it is pertinent to point out that Sections 80 and 80A of the ROP Act provide for presentation of the election petitions, Section 82 of the ROP Act provides for parties to the election petition and Section 83 of the ROP Act provides for the contents of the election petition. Section 83, being material, is reproduced below: