This is a petition by respondent No. 1 the returned candidate. His contention is that the averments made in Paras 10 to 14 and 16 to 28 of the election petition are devoid of material facts and particulars and so they cannot form the basis of any triable issue. It has, therefore, been prayed to strike off these paragraphs.

2. Inspiration to file this petition has been drawn mainly from Azhar Hussain v. Rajiv Gandhi, AIR 1986 SC 1253, wherein it has been held that an election petition can be and must be dismissed under the provisions of the Civil P.C. if the mandatory requirements enjoined by S.83 of the Representation of the People Act, 1951 (for short the Act), to incorporate the material facts and particular relating to alleged corrupt practice are not complied with. Though Azhar (sic) there is no dispute that the ratio would apply to those averments in the election petition which seek to make out a case for setting aside an election on a ground other than corrupt practice. It has been observed in Azhar Hussain that as the Civil P.C. is applicable to the trial of an election petition vide S.87 of the Act, the Court can act in exercise of the powers of the Code including