MUNDRIKA SINGH YADAV Vs. SHIV BACHAN YADAV

JUDGEMENT

(1.) Respondent No. 1 has filed an application under Section 87 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') read with Order VII Rule 11 of the Code of Civil Procedure (in short, CPC) challenging the maintainability of the election petition and praying for its dismissal.

(2.) The objection raised by Respondent No. 1 is that the election petitioner has challenged the election of respondent No. 1 on the sole ground of illegalities alleged to have been committed by the counting authorities and the petitioner has levelled allegations against the District Election Officer, Returning Officer and Assistant Returning Officer that they committed illegalities inthe counting of votes but these officials have not been made* parties by the election petitioner in his petition and all the allegations levelled by the election petitioner in his petition cannot be inquired into in absence of the aforesaid officials and on this ground the election petition is liable to be dismissed.

(3.) Second objection raised by respondent No. 1 as to the maintainability of this election petition is that the election petition does not disclose any cause of action because it does not contain material facts as required under Section 83 of the Act and no roving inquiry can be allowed on the basis of vexatious and baseless claim as made in the present election petition and on this account also the election petition is liable to be dismissed.