Hon’ble Dilip Gupta, J.—These two applications have been filed by the returned candidate under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) (A-7) for rejecting the Election Petition as it does not disclose any cause of action and under Order VI Rule 16, CPC read with Section 86(1) of ‘The Representation of the People Act, 1951’ (hereinafter referred to as the ‘Act’) (A-6) for striking out paragraphs 5 to 21 of the Election Petition.

2. The Election Petition has been filed by Smt. Louise Khurshid under Section 80/81 of the Act calling in question the election of Kuldeep Gangwar for the Vidhan Sabha No. 297, Kaimganj constituency in the State of Uttar Pradesh.

3. The petitioner Smt. Louise Khurshid and the respondent Kuldeep Gangwar, amongst others, had contested the said election which was held on 18th April, 2007. The re-poll was held on 10th May, 2007 on selected polling stations. The respondent was declared elected on 11th May, 2007 with a margin of 9,653 votes as the petitioner had secured 27,325 votes out of the total number of 1,27,126 votes polled, while the returned candidate had secured 36,978 votes.

4. Sri K.R. Singh, l