Judgment

Mr. Deepak Sibal, J.

The present order shall dispose of an application filed by the applicant-respondent under Order VII Rule 11 of the Code of Civil Procedure 1908 (for short – the Code) read with Section 83 of the Representation of People Act, 1951 (for short – the Act) seeking therein rejection of the main election petition on the ground that a reading of the same does not disclose any cause of action.

2. On 21.09.2021 the Election Commission of India (for short – the ECI) announced the dates for holding of Assembly Elections in 31- Sonipat Assembly Constituency in the State of Haryana. The ECI also notified the schedule for the date of issuance of the gazette notification; last date for filing of nominations; date of scrutiny of the filed nominations; last date for withdrawal of candidature; the date of polling; date of counting and the date of declaration of the result. 14 candidates, including the petitioner and respondent, contested the election. After the declaration of the results the respondent was declared elected as he secured the highest number of valid polled votes i.e. 79438 votes. The petitioner secured 175 votes.

3. Through the main petition the petitioner