AMIT Vs. GANESH RAJ BANSA

JUDGEMENT

(1.) In the present petition which has been preferred by the petitioner under Sec. 80-A, 81 and 100 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act of 1951') laying challenge to the election of the respondent no.1, who has been declared elected for Hanumangarh Assembly constituency on 3/12/2023, the respondent no.1 has moved an application under Order VII Rule 11 of Code of Civil Procedure, 1908 (hereinafter referred to as 'C.P.C.'), praying dismissal of the present election petition.

(2.) The subject application is based on three broad premises -

(3.) Mr. Manish Shishodia, learned Senior Counsel appearing on behalf of the returned candidate - respondent no.1 submitted that the election petition filed by the petitioner is liable to be rejected, as he has referred to 'the Conduct of Election Rules, 1967' in the entire petition including Para No.1 and 2, whereas no Rules in the name of 'the Conduct of Election Rules, 1967' have ever been promulgated by the Central Government.