SANJAY GURJAR Vs. DUSHYANT SINGH

JUDGEMENT

(1.) THE present election petition has been filed by petitioner Sanjay Gurjar under Section 80- A r/w Section 100 (b) & (d) (ii) of the Representation of People Act, 1951 (for short 'the Act of 1951') challenging the election of respondent No. 1 Shri Dushyant Singh from the Parliamentary Constituency (15) Jhalawar, result of which was declared on 13. 5. 2004 and respondent No. 1 Shri Dushyant Singh was declared elected as Member of Parliament.

(2.) BRIEF facts of the case are that the petitioner filed his nomination papers as a candidate of Indian National Congress Party, respondent No. 1 Shri Dushyant Singh filed his nomination papers as a candidate of Bhartiya Janta Party, respondent No. 2 Shri Ratan Lal filed his nomination papers as a candidate of Bahujan Samaj Party and the respondent No. 3 Shri Jakir Hussain filed his nomination papers as an independent candidate to contest the elections of Parliament from Jhalawar Parliamentary Constituency As per the election calender notified by the Election Commission, the date of polling was fixed as 5. 5. 2004 and the date of counting of the votes and declaration of the election result was fixed as 13. 5. 2004. After scrutinising the nomination papers, all the above four candidates i. e. the petitioner and respondent Nos. 1, 2 and 3 were declared eligible to contest the election from the Parliamentary Constituency of Jhalawar

(3.) ON behalf of returned candidate (respondent No. 1) Shri Dushyant Singh two applications have been filed; one under Order 6 Rule 16 and another under Order 7 Rule 11 of the Code of Civil Procedure. By way of application under Order 6 Rule 16 CPC moved on behalf of the returned candidate respondent No. 1 Shri Dushyant Singh, the relief has been claimed that the offending portion in paragraphs 2, 3, 3 (1), 3 (2), 3 (3), 3 (4), 3 (5), 4, 6, 7 and 8 of the election petition may kindly be struck out or in the alternative this Court may kindly direct the petitioner to suitably amend the election petition before commencement of further proceedings in the election petition filed by the petitioner.