DEEPINDER SINGH DHILLON Vs. NARINDER KUMAR SHARMA

JUDGEMENT

(1.) This is an Application filed by the Applicant/Respondent No.1 under Order VI Rule 16 read with Order VII Rule 11 and Section 151 of the Code of Civil Procedure.

(2.) Background of the matter is that election of the Applicant/Respondent No.1 as a Member of Punjab Legislative Assembly from 112-Dera Bassi Assembly Constituency, which was declared on 11.3.2017, was challenged by the Petitioner/nonApplicant in the main Election Petition under Sections 80 to 83 read with Sections 100 and 101 of the Representation of the People Act, 1951 (for short 'the Act of 1951') alongwith its relevant enabling provisions.

(3.) The Petition was challenged by the Applicant/Respondent No.1 who filed his Written Statement, on the basis of which, seven issues were framed on 12.1.2018, out of which, issue No.4 which sought to impeach the Election Petition as being non-maintainable as it was allegedly in violation of Section 81 of the Act of 1951 by not having been personally presented by the Petitioner/non-Applicant, was taken up as the preliminary issue. The said issue was however, decided by a Coordinate Bench of this Court in favour of the Petitioner on 7.8.2018 and the matter then posted for evidence on 24.8.2018. The Applicant/Respondent thereafter filed a Review Application against the decision on the preliminary issue No.4, which was then dismissed by the Coordinate Bench on 14.9.2018. In the meantime, the present Application was filed by the Applicant/Respondent on 12.9.2018, which has since come up for consideration before this Court.