( 1 ) THE petitioner whose nomination paper was rejected by the Returning Officer has filed the instant petition under S. 81 read with S. 100 (1) (c) of the Representation of the People Act, 1951 (hereinafter referred as the Act) challenging the election of 13th Lok Sabha from 20 Lucknow parliamentary Constituency which was held in the year 1999 in which the respondent was declared elected.

( 2 ) ON 7/01/2000 notice was issued by this Court to the respondent for filing written statement. On behalf of the respondent an application under S. 86 of the Act read with Order 6, Rule 16, O. 7, R. 11 and S. 151 of the Civil Procedure Code was moved with a prayer that the present election petition be dismissed in limine as the petitioner has no right to file the petition under S. 81 of the Act. It was also stated, inter alia, that the petitioner was not a duly nominated candidate as no affidavit was filed by him, as required, and as such he had no locus standi to maintain the petition.

( 3 ) ON the request of the petitioner and the learned counsel appearing on behalf of the respondent the following preliminary question was formulated :"whether the petitioner has no locus stand