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2020 Supreme(Chh) 225

GOUTAM BHADURI
SHAMBHU PRASAD SHARMA ADVOCATE – Appellant
Versus
RENU JOGI – Respondent


Advocates Appeared:
N.K. Shukla, Advocate, Rashika Soni, Advocate

JUDGMENT

Goutam Bhaduri, J. - Heard on application under Order 7 Rule 11 of the CPC filed by the respondent No.1/returned candidate.

2. An application has been preferred on behalf of the respondent No.1/returned candidate that the challenge is made to the election of the constituency No.25 of Kota assembly of the district Bilaspur but the prayer as has been made in the election petition do not give any cause of action for which the challenge can be made under Section 100 of the Representation of the People Act, 1951 (for short 'the Act, 1951'). It is contended that neither any grounds which require on which the election petition can be entertained have been pleaded nor has been projected in the pleadings.

3. Learned counsel would submit that the main contention of the petitioner is that the manifesto of the petitioner's party namely "Bharat Bhoomi Party" of which the petitioner was a candidate, was not published in the nation wide circulating newspaper. It is stated that by such election petition it is pleaded that since the publication of the manifesto was not made in the newspaper which is circulating nationwide, the elections of the other States which were held along with the Chh

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