Judgment :-

H.L. Gokhale J.

Leave Granted.

2. This petition for Special Leave seeks to challenge the order dated 5.12.2012 passed by a learned Single Judge of the Madhya Pradesh High Court (Bench at Indore) allowing the application filed by the first respondent under Order 6 Rule 16 of Code of Civil Procedure (CPC) being I.A No. 7248/2012 for striking off certain pleadings from the Recrimination Petition filed by the Appellant herein.

Facts leading to this petition are this wise:-

3. The General Elections to the Madhya Pradesh Legislative Assembly were notified by the Election Commission of India on 14.10.2008 and were held on 27.11.2008. The appellant herein contested the election from 201-Dhar (General) Constituency. She was declared elected on 9.12.2008 defeating the first respondent by one vote.

4. The respondent No. 1 filed Election Petition bearing No. 11 of 2009 before the High Court of Madhya Pradesh (Bench at Indore), challenging the election of the appellant on the ground of improper reception, refusal and rejection of votes under the provisions of Representation of Peoples Act, 1951 (R.P. Act, 1951 in short). This was principally on the basis that the counting of the postal ba