Rakesh Kumar, J.

1. In the aforesaid election petition, after hearing learned counsel for the election petitioner and respondent on interlocutory application i.e. I.A. No. 7902 of 2016, which was filed by the respondent under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), order was reserved on 14.2.2017. The election petitioner has approached this Court by filing the aforesaid petition under Sections 80, 80-A, 81 and 100 of the Representation of the People Act, 1951 for setting aside election of returned candidate/respondent namely Ravi Jyoti Kumar, who was declared elected on 8.11.2015 from 173 Rajgir (SC) Assembly Constituency.

2. In the election petition, the petitioner has mainly alleged against the respondent in its paragraph Nos. 6, 9 and 10 of the election petition, which are quoted hereinbelow:-

"6. That the Returned Candidate has filled up Column 5(ii) of Form 26 of the Nomination Paper giving details of a criminal case pending in the Court of learned CJM, Jamtara bearing Jamtara P.S. Case No. 7 of 2007 under Section 379/427 IPC and has categorically mentioned within brackets that "cognizance has not been taken in the aforesa