JUDGMENT :

The election of the returned candidate-respondent no.1 in the general elections to the Lok Sabha from Constituency No.10-Nagpur has been challenged by the petitioners. The petitioner no.1 was a candidate of Indian National Congress Party from the said constituency. The election of the returned candidate has been challenged under the provisions of Section 100 (1) (b) read with Section 123(2), 100 (1) (d) (i), (ii) and (iv) of the Representation of the People Act, 1951 (for short, ‘the Act of 1951’). It is also prayed that it be declared that the election of the returned candidate is null and void. Further relief that the petitioner no.1 be declared elected is also sought.

2. The returned candidate has moved Civil Application No.754/2020 (Exhibit 19) under the provisions of Order VI Rule 16 of the Code of Civil Procedure, 1908 (for short, the Code) for striking out the pleadings in the election petition which according to the returned candidate are unnecessary, vexatious, scandalous, frivolous and are intended to prejudice as well as delay the trial of the election petition. The returned candidate has also filed Civil Application No.11/2021 (Exhibit 20) under the provisions