JUDGMENT :

1. This election petition filed under Section 80 read with Section 100 (1) of the Representation of the People Act, 1951 (for short, ‘the said Act’) challenges the election of the respondent no.3 who has been declared as the returned candidate in the general elections from Nagpur Lok Sabha Constituency that were held in May 2019. According to the petitioner who was also a candidate at the said election, on account of non-compliance with various statutory provisions, the election of the returned candidate is liable to be declared as null and void.

2. The respondent no.3 has filed an application under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) seeking dismissal of the election petition on the ground that there is non-disclosure of any cause of action for seeking declaration as to the voidness of his election. It is also stated that there is absence of material facts being pleaded in the election petition to indicate that the result of the election was materially affected insofar as it concerned the returned candidate. According to the returned candidate, the allegations as made in the election petition are not supported b