B.D.AGRAWAL
RAM RAJ TEWARI – Appellant
Versus
VIJAIYA LAXMI – Respondent
( 1 ) THIS is an application under S. 87 (1) of the Representation of the People Act, 1951 (hereinafter the Act) read with O. 6, R. 16,o. 7, R. 11 Code of Civil Procedure in Election Petition No. 51 of 1985.
( 2 ) THE respondent besides 16 others was a candidate for election to the Legislative Assembly/ U. P. from the 225 Bansdih Assembly constituency, district Ballia. The last date for filing nomination was 6th Feb. , 1985 and for scrutiny the date fixed was Feb. 8, 1985. Poll took place on 2nd Mar. , 1985 followed by the counting of votes on Mar. 6, 1985. The respondent was declared elected; the petitioner an elector in the Constituency has filed the petition seeking that the election of the respondent be declared void and set aside. The respondent has put in application with the prayer that paras Nos. 8,9,10,12,13 to 17, 20, 22 to 25, 27 to 46 of the election petition be struck off which is opposed by the petitioner.
( 3 ) I have heard learned counsel for the parties.
( 4 ) IN support of the election petition there are three grounds taken which have been enumerated in para 8 as under :- (A) Because the result of the election in so far as it concerns the respond
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