JUDGMENT

Chelameswar, J.-Leave granted

2. The appellant herein was declared elected to the 15th Lok Sabha from No.4 New Delhi Lok Sabha Constituency in the election held in the year 2009.

3. Challenging the election of the appellant herein, a voter of the said constituency, filed an election petition No.20 of 2009 in the Delhi High Court. The challenge is on the ground of commission of corrupt practices falling under section 123(1),(2),(5),(6),(7) read with section 127(a) of the Representation of the People Act, 1951 (hereinafter referred to as “the Act”). The election petitioner chose to implead only the Returning Officer of the No.4 New Delhi Parliamentary Constituency and the appellant herein as respondents to the election petition.

4. The appellant herein filed Interlocutory Application No. 13851 of 2009 invoking Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”) praying that the election petition be dismissed in compliance with the mandate contained in section 86 of the Act, which stipulates “the High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117”. The sa