CHANDAN KUMAR SARKAR Vs. NIRMALENDU BANIKYA AND ANR

JUDGEMENT

(1.) Heard Mr. J. Deka, learned counsel for the applicant. I have also heard Mr. M. U. Mahmud, learned counsel representing the OP/election petitioner.

(2.) By filing the instant application under Order VI Rule 16 read with Order VII Rule 11 of the Code of Civil Procedure (CPC) the applicant/ respondent No.8 has prayed for striking off the pleadings contained in paragraphs 1 to 17, 19, 20 and 25 of the Election Petition and also for rejection of the petition on the ground that the Election Petition does not disclose any cause of action.

(3.) The opposite party/ election petitioner herein had unsuccessfully contested the election held on 11.04.2016 in respect of 35, Abhayapuri South (SC) Legislative Assembly Constituency of Assam wherein the respondent No.9, viz., Sri Ananta Kumar Malo, was declared as the elected candidate. The Election Petition had been filed on the grounds that 35, Abhayapuri South Legislative Assembly Constituency is reserved for the Schedule Caste (SC) candidates and since the respondent No.8 i.e. the present applicant does not belong to the Scheduled Caste (SC) community, his nomination had been illegally accepted by the Returning Officer. It is also the case of the election petitioner that the respondent No.8 had indulged in corrupt practices as a result of which the election of the respondent No. 9 was liable to be set aside.