ORDER :

Nani Tagia, J.

1. Heard Mr. P.K. Tiwari, learned Sr. counsel assisted by Mr. K. Saxena, learned counsel for the applicant and Mr. H. Lampu, learned counsel for respondent No. 1 as well as Mr. A. Apang, learned Sr. counsel for the respondent No. 2.

2. This is an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 read with Section 86 (1) of the Representation of the People Act, 1951 (for short, 'Act of 1951') seeking dismissal of the Election petition for non-compliance of the provisions of Sections 81 & 82 of the Act of 1951.

3. At the outset, it is submitted by the learned Senior counsel Mr. P.K. Tiwari that though this application under Section 86 (1) of the Act of 1951 has been filed seeking dismissal of the election petition for non compliance of provisions of Section 81 & 82 of the Act of 1951, the applicant would not press this application for dismissal for non compliance of Section 81; rather the applicant would seek dismissal of the election petition under Section 86 (1) for non compliance of Section 82 of the Act of 1951 only.

4. The applicant is a returned candidate as Member of Legislative Assembly (for short, 'MLA') from 45th Hayuliang (ST) Assem