1. This is an election petition filed against the returned candidate by the petitioner who had contested from Chandrapur-71i Assembly Constituency.

2. The challenge to the declaration in favour of the returned candidate is mainly on the ground of the information received by petitioner about the unreliability of the Electronic Voting Machines and susceptibility of the Electronic Voting Machines to tampering and petitioner's own knowledge that at 160 booths referred to in paragraph No.19 of Election Petitions, the EVMs were actually ridged/tampered.

3. Considering the rival contentions, issues were framed in relation to lack of disclosure of adequate grounds for challenging the election. Issue no.2 reads as follows:

“(2) Are material facts as required to be pleaded by Section 83(1) (a) of the Act absent in the election petition? Consequential issue No.5 was also framed as to what orders need be passed after passing of the order on issue No.2.

4. The returned candidate has filed an application under Order 7 Rule 11(a) of Civil Procedure Code and prayed for dismissal of election petition on the ground that the EVMS do not disclose the cause of action.

5. Heard parties to