(1.) Heard Mr. K.P. Pathak, learned senior counsel, assisted by Mr. A. Baruah, learned counsel for the applicant and also heard Mr. D. Mozumdar, learned senior counsel, assisted by Mr. A.R. Bhuyan, learned counsel for the opposite party no.1. Mr. G.J. Saikia, learned counsel for the proforma opposite party no. 13 is present. None appears on call for the proforma respondent nos. 2 to 12.
(2.) The applicant is the returned candidate, i.e. the elected Member from the No. 10, Sonai Legislative Assembly Constituency. By filing the connected election petition, his election has been challenged by the opposite party no. 1 by filing the connected election petition. In connection with the said election petition, the proforma opposite party no. 13 has filed a recrimination petition, registered as Recrimination Petition No. 1/2021. For the sake of clarity and to avoid any confusion, in this order the parties are referred to as per their respective status in the cause title of the election petition i.e. El.Pet. 1/2021.
(3.) By filing this interlocutory application under the provision of Order VII, Rule 11 of the Civil Procedure Code (CPC for short), read with Sec. 86 of the Representation of the People Act, 1951 (RP Act for short), the returned candidate, i.e. the respondent no. 1 in the connected election petition has prayed for rejection of the election petition.
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