(Misc.Cvl.386 of 2010 is filed by the respondent No.1 under section 81(3), 83 and 86 of the representation of people act, 1951 read with order VII Rule 7 of the C.P.C. to dismiss/reject the election petition in the interest of justice and equity.

Misc.Cvl.1431 of 2010 is filed by the respondent No.1 under order VI Rule 16 of the C.P.C., 1908 to strike out paragraph Nos.1 (III)(1) to (iv), II (2) to (17) of the election petition in the interest of justice and equity.)

ORDER ON MISC.CVL.NOS.386 AND 1431 OF 2010

The petitioner has challenged the validity of the election of the first respondent to the 15th Lok Sabha from 13 Davanagere Lok Sabha Constituency at the election held on 30.04.2009 and the result of the election declared on 16.05.2009. The respondent No.1 has filed Misc. Cvl. 386/2010 invoking Section 81(3), 83 and 86 of the Representation of People Act, 1951 (hereinafter called ‘the said Act’) r/w Order VII Rule 11 of the C.P.C. for the dismissal/rejection of the election petition and Misc.Cvl.1431/2010 invoking Order VI Rule 16 of the C.P.C for striking out paragraph Nos.1(III) (i) to (iv), II(2) to (17) of the election petition.

2. Sri M.B. Naragund, the learned