KASHMIR SINGH Vs. SUKHBIR SINGH BADAL

JUDGEMENT

(1.) This issue being adjudicated is, whether the election petition deserves to be rejected at the threshold for not disclosing the cause of action.

(2.) The petition has been filed under Sec. 80/80-A read with Ss. 81, 100 and 101 of the Representation of the People Act, 1951 (hereinafter referred to as 'the RPA') for setting aside and declaring election of the respondent, who is the returned ned candidate from 10-Firozepur Firozepur Parliamentary Constituency in General Elections of Lok Sabha-2019, 2019, as void.

(3.) Twenty-two candidates including the petitioner and the respondent ndent contested the election from the aforementioned constituency. The result was declared on 23/5/2019, wherein the respondent, who was an official candidate of the political party-Shiromani Shiromani Akali Dal, was declared successful having polled 6,33,427 votes, as against the petitioner's 2,387. The instant petition challenging the respondent's election was filed on 8/7/2019. After entering appearance in the case, the respondent filed a miscellaneous application, CM-4-E-2020, 2020, under Order VI Rule 16 and Order VII Rule 11(a) read with Sec. 151 of the Code of Civil Procedure (for short, 'the Code'), and Sec. 83 of the RPA. It seeks rejection of the petition at the threshold for lacking in material facts; not disclosing the cause of action envisaged under Sec. 83 of the RPA; alleging corrupt practices without giving material facts as well as material particulars. The non- non applicant/ applicant/petitioner filed reply to the application, and learned counsel for the parties were heard at length.