JUDGMENT

A.S.CHANDURKAR,J. - The election of the respondent no.1-returned candidate has been challenged by the petitioners in the present election petition filed under Sec. 81 of the Representation of the People Act, 1951 (for short, 'the Act of 1951 ). The challenge is based on the provisions of Sec. 100(1)(b), Sec. 100(1)(d)(i), (ii) and (iv) read with Sec. 123(2) of the Act of 1951. The petitioners besides seeking a declaration that the election of the returned candidate is void have also claimed a further declaration that the petitioner no.1 be declared duly elected. The returned candidate on being served with the election petition has filed C.A.O. No.754 of 2020 (Exhibit 19) under the provisions of Order VI Rule 16 of the Code of Civil Procedure, 1908 (for short, 'the Code ') praying that the pleadings in paragraph 7 alongwith its sub-paragraphs as well as paragraphs 10 to 12 be struck off. The returned candidate has also filed C.A.O. No.11 of 2021 (Exhibit 20) under the provisions of Order VII Rule 11 of the Code read with Sec. 86 of the Act of 1951 seeking rejection of the election petition for want of cause of action. In addition, the returned candidate has also filed C.A.O.