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2021 Supreme(Del) 2405

RAJIV SHAKDHER
Yogender Chandolia – Appellant
Versus
Vishesh Ravi – Respondent


JUDGMENT

Rajiv Shakdher, J.

I.A. No.296/2021

Preface:

1. This is an application preferred on behalf of respondent no.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 [in short "CPC"] read with Section 86 of the Representation of the People Act, 1951 [in short "1951 Act"].

1.1. The application is predicated on the ground that the election petition read as a whole along with the documents filed, does not disclose a cause of action, and hence, ought to be rejected.

2. According to the applicant/respondent no.1, the election petition preferred under Section 80 read with Section 100(1)(b) & (d) as also Section 101 of the 1951 Act, which seeks direction from this Court, to the effect, that the result of the election qua Assembly Constituency-23, Karol Bagh, NCT of Delhi [hereafter referred to as "Karol Bagh Constituency"] held on 08.02.2020 be declared null and void, is founded on the assertions which do not disclose any cause of action.

2.1. In this context, applicant/respondent no.1 has averred that the petitioner has made two principal allegations against him:

(i) First, that the applicant/respondent no.1 has disclosed in his affidavit filed in the prescribed form i.e., Fo

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