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2010 Supreme(Gau) 719

P.K.MUSAHARY
Markio Tado – Appellant
Versus
Takam Sorang – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: M. Pertin, T. Leriak, C. Modi, K. Dabi, K. Bagra and R. Pait, Advs.
For Respondents/Defendant: B.L. Singh and G. Kato, Advs.

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. Muk Pertin, learned Counsel for the applicants and also heard Mr. B.L. Singh, learned Counsel, appearing for and on behalf of the opposite party/election Petitioner.

2. This is an application filed under Order VI, Rule 16 and order VII, Rule 11(a) of the Code of Civil Procedure, 1908 to strike out pleading as being unnecessary, scandalous, frivolous or vexatious and an abuse of process of the court and to reject the election petition on that count.

3. Mr. Pertin, learned Counsel appearing for the applicants submits that although the written statement has been filed by the applicant-returned candidate and the issues were framed and even the opposite party/election Petitioner has examined his witnesses to establish the allegations made in the election petition, this miscellaneous application has been filed to prevent the abuse of process of court and for rejection of the election petition without wasting the public time. The election petition mainly depends on ten documents marked as Annexure Nos. 1 to 10, amongst which, annexure-10 has been exhibited at paper exhibit No. 18. Paper exhibit No. 19 is a part of official records and both the paper exh



























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