This order shall govern the disposal of I.A. No. 2, application under Order 7, Rule 14 (sic 11) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') raising preliminary objection that Election Petition filed by the petitioner does not disclose triable and reasonable cause of action for the grounds stated in the election petition and therefore, it is liable to be dismissed summarily invoking jurisdiction under Order 7, Rule 11 of the CPC.

2. Election petitioner has filed this Election petition under Section 80A read with Sections 100 and 101 of the Representation of the People Act, 1951 (hereinafter referred to as 'the RP Act, 1951') for declaring the election of respondent No.1, from 3 Bainkunthpur Legislative Constituency as illegal and void under Section 98 (b) of the RP Act, 1951 mainly on the following grounds :

First : That the nomination of returned candidate was improperly accepted by the Returning Officer, materially affecting the result of returned candidate which is ground under Section 100(1)(d)(i) of the RP Act, 1951 to declare the election void.

Secondly : The failure of the respondent No. 1/returned candidate to disclose the governmental liabilit