MISBAHUL ISLAM LASKAR, S/O LATE KAMRUL ISLAM LASKAR, RESIDENT OF GMC ROAD, P.O. AND P.S. SILCHAR Vs. SHRI KISHOR NATH, S/O LATE PROMESH CHANDRA NATH

JUDGEMENT

(1.) By this Interlocutory Application under Order 6, Rule 16 read with Order 7, Rule 11 of the Code of Civil Procedure, for short, the Code, the applicant, who is arrayed as respondent No. 1 in the election petition and who was elected from No. 14 Borkhola Legislative Assembly Constituency as a candidate of the Bharatiya Janata Party (BJP) in the election held in the year 2016, has prayed for striking out paragraph Nos. 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Election Petition and for rejection of the petition for want of cause of action.

(2.) The election petitioner, who contested the election as an independent candidate, by filing the Election Petition under Section 80 and 81 of the Representation of People Act, 1951, for short, the R.P. Act, had called into question the election of the applicant, herein after referred to as the returned candidate, result of which was declared on 19.5.2016.

(3.) The returned candidate polled 36482 votes while the election petitioner polled 36440 votes and thus, the margin of defeat was 42 votes.