RAVINDER KUMAR Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) This application has been preferred by respondent-applicant seeking indulgence of the Court in invoking the provisions of O.14, R.2, C.P.C. to decide the preliminary issue in the election petition first in prior to the disposal of the other issues in the matter.

(2.) It is contended by the respondent-applicant that the elections of respondents 3 to 8 have been wrongly and illegally challenged by the petitioner by filing writ petition. That the petitioner was required to file separate election petition in challenging the elections of respondents 3 to 8. After filing demurrer, issues were framed in the election petition out of which issue No. 1 reads as under :

(3.) Objections to the application came to be filed by the petitioners-non-applicants on 7-9-2000 in controverting the contention of the applicant-respondent that there is no bar to file one election petition questioning the election of all the returned candidates. That the notification for holding an election to the six Legislative Councils seats was one. Since it is was one election and thus one election petition questioning the election of all the returned candidates is maintainable. It was further submitted that issue No. 1 has to be decided along with other issues involving a mixed question of law and, therefore, cannot be treated as a preliminary issue to be decided first.