PABINDRA DEKA Vs. MONOANJN DAS

JUDGEMENT

(1.) This miscellaneous application under Order 7, Rule 11 read with Section 151 of the Code of Civil Procedure has been filed for rejection of the Election Petition No. 19 of 2001 filed by the opposite party (election petitioner) challenging the election of the applicant (Respondent No. 1) from No. 42 Patacharkuchi Legislative Assembly on the ground of corrupt practices.

(2.) According to the applicant, the election petition is not maintainable as it was filed beyond the period of limitation, and without complying with the provisions of Sections 81 and 83 of the Representation of the People Act, 1951. In addition, it is pleaded that the election petition is devoid of material facts, does not disclose the ingredients of corrupt practice and, therefore, without cause of action. Besides, the election petition is also assailed for want of proper verification.

(3.) The opposite party (election petitioner) filed objection refuting the above contentions.