LAWS(JHAR)-2017-5-76

KOCHE MUNDA Vs. PAULUS SURIN AND OTHERS

Decided On May 05, 2017
Koche Munda Appellant
V/S
Paulus Surin And Others Respondents

JUDGEMENT

(1.) The present interlocutory application has been filed on behalf of the respondent No.1, i.e., the returned candidate, under Or. VII, R. 11 of the Code of Civil Procedure, praying to reject the election petition on the ground that no cause of action has been mentioned in the election petition.

(2.) Heard learned counsel for the respondent No.1 and the learned counsel for the election petitioner on this interlocutory application.

(3.) It is submitted by learned counsel for the respondent that in the entire election petition, the election petitioner has not stated the cause of action nor he has stated as to when cause of action arose to file the election petition. It is submitted that accordingly, the election petition is fit to be dismissed in view of Or. VII, R. 11 of the CPC, which reads as follows:-