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1995 Supreme(SC) 1329

FAIZAN UDDIN, J.S.VERMA, N.P.SINGH
Mohan – Appellant
Versus
Bhairon Singh Shekhawat – Respondent


Advocates:
ARUNESHVAR GUPTA, K.K.VENUGOPAL, MANISH GARG, MANOJ K.DAS, Nikhilesh K.Ramachandran, SUSHIL JAIN, U.N.BACHHAVAT

( 1 ) THIS appeal under Section I 16-A of the Representation of the People Act, 1951 is against the judgment dated 25/5/1994 of the Rajasthan High court in Election Petition No. 2 of 1994 rejecting the election petition under Order VII Rule 11 Civil Procedure Code on the ground that no triable issue arises therein. The relevant pleadings are contained in paragraphs 7 and 8 of the election petition with reference to which, primarily, the correctness of the High courts view has to be tested.

( 2 ) THE allegations in the election petition are of corrupt practices defined in Ss. (3 and (3-A) of Section 123 of the Act. The averments in the election petition have to be read along with Annx. a and Annx. I to the petition, the contents of which are incorporated by reference in the petition. Annx. a is a transcript of the speech alleged to have been made by the respondent - the returned candidate at Falna on 27/10/1993 at about 9. 15 p. m. The contention of the learned counsel for the appellant is that the contents of paragraph 8 of the election petition are to be read together with Annx. a text of the Falna speech and the news item marked Annx. I wherein the report of the contents of the s






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