Iqbal Ahmed Ansari, J.

1. With the help of an election petition, made under Sections 80 and 80A read with Section 81 of the Representation of the People Act, 1951, (in short, the 'ROP Act'), the opposite party herein, as election petitioner, has called in question the election of the present applicant (who, stands, now, impleaded, in the election petition, as respondent No. 1) to the Arunachal Pradesh Legislative Assembly from 49 Bordumsa-Diyun (General) Legislative Assembly Constituency, the election petition having given rise to Election Petition No. 4/2009. It is in this election petition that the present Miscellaneous Application has been made, under Order VI Rule 16 read with Order VII Rule 11 of the Code of Civil Procedure, seeking striking out of the pleadings in the election petition and rejecting, thereafter, the election petition itself.

2. In the election petition, the election petitioner, i.e., the opposite party herein, has prayed for:

(i) Order for recounting of the votes recorded in EVMs used in the impugned election.

(ii) On recounting, if the results are in favour of the Election Petitioner, be further pleased to

(iii) Declare the election of the respondent No. 2,