V.S. Kokje, J.-This is the respondent’s application in an election petition for striking out pleadings and rejection of the petition for non-compliance with the provisions of Section 83(1)(a) & (b) of the Representation of the People Act, 1951 (for short ‘the Act’ hereinafter). The application has been moved under Order Vi Rule 16 and Order VII Rule 11 of the code of civil Procedure read with Sections 83, 86 and 87 of the Act.

2. It would be necessary to state basic facts before dealing with the application.

3. Thepetition relates to the respondent’s election to the Rajasthan Legislative Assembly from Bali constituency (No. 166). October 19, 1993 was the last date for filing nominations, October 20, 1993 was the

date fixed for scrutiny of nominations, October 22, 1993 was the last date for withdrawal of candidature, November 11, 1993 was the date of polling and November 27, 1993 was the date on which the counting was to commence. The original petitioner Mitha Lal Jain was the candidate set up by the Indian National congress whereas the respondent was the candidate set up by the Bhartiya Janta Party. The respondent was declared elected at the election and Mitha Lal Jain