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G. P. MATHUR, V. N. KHARE, S. B. SINHA
Ajay Kumar Poeia – Appellant
Versus
Shyam – Respondent
ORDER
The Election Commission issued a Notification calling upon the electorates to elect the Members of the Legislative Assembly in the State of U.P. The date of Notification of election was 16th January, 2002 and the last date for filing nomination papers was 23rd January, 2002. The last date for withdrawal of nomination was 28th January, 2002. The date of poll was 21st February, 2002. In the said election, the appellant herein and respondent No. 1 were the contesting candidates. As a result of counting of votes, respondent No. 1 was declared elected as having received the majority of valid votes. The appellant herein filed a petition questioning the election of respondent No. 1 as Member of Legislative Assembly from 346 Govardhan (S.C.) Assembly Constituency. The election petition purported to be based on the ground that respondent No. 1 is not a member of Scheduled Caste. After the notices were issued by the High Court in the election petition, respondent No. 1 filed an application under Order 6 Rule 16 of the Code of Civil Procedure, 1908, for striking off the grounds (i) to (v) and paragraphs 5-29 of election petition on the ground that those paragraphs did not contain materia
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