(Original application filed praying to reject the above said Election Petition under Order VII Rule 11(a) of the Code of Civil Procedure.)

Election Petition No.6 of 2004 has been filed by the first respondent herein seeking a declaration that the election of the returned candidate namely the first respondent therein (petitioner herein) for No.3, Madras (South) Parliamentary Constituency in the election held on 10.5.2004 is void.

2. Now, the instant original application has been filed by the first respondent in the Election Petition No.6/2004 seeking rejecting of the said election petition under Order VII Rule 11(a) of the Code of Civil Procedure.

3. The case of the petitioner is as follows:

(a) The election petition is not maintainable in law. The pleadings in the election petition do not project any cause of action and do not contain any material facts constituting any cause of action and a triable issue. Under the circumstances, the election petition is, therefore, liable to be rejected in limini under Order VII Rule 11(a) C.P.C.

(b) The entire averments in the election petition project only one fact that the petitioner herein had disclosed in Annexure-I of Form No.2A ma