ORDER

Bibek Chaudhuri, J. - This is an application under Order VII Rule 11(d) of the Code of Civil Procedure (hereafter described as the CPC) filed by the respondent/returned candidate stating, inter alia, that the petitioner Alo Rani Sarkar has no locus standi to file the election petition challenging the general election to the Legislative Assembly for the State of West Bengal 2021 from Assembly Constituency 96 - Bangaon Dakshin (SC) held on 22nd April, 2021. The result of the said election was declared on 2nd May, 2021.

2. It is alleged by the returned candidate that the petitioner being a foreigner cannot challenge the said assembly election under Sections 80, 80A, 81 read with Sections 100, 123 and 126 of The Representation of the People Act, 1951. It is stated by the respondent/petitioner that an election petition raising a question as to the fair election may be represented by any candidate at such election or any elector. Section 16 of The Representation of the People Act, 195 disqualifies a person not being a citizen of India from registering his/her name in the electoral role of this country. The Act prohibits a foreigner to be a candidate in the election of legislative ass