KANT TRIPATHI
CHANDRA NARAIN TRIPATHI @ CHANDU TRIPATHI – Appellant
Versus
KAPIL MUNI KARWARIYA – Respondent
Hon’ble Shri Kant Tripathi, J.—Heard Mr. Keshari Nath Tripathi, learned Senior Counsel assisted by Mr. K.R. Singh and Mr. S.C. Dwivedi for the Objector respondent and Mr. Narendra Kumar Pandey for the petitioner.
2. In the instant Election Petition, the respondent (the returned candidate) has moved three interlocutory applications. The first interlocutory application (application No. 294721 of 2009) has been moved under Order VII Rule 11 of the Civil Procedure Code (hereinafter referred to as ‘the Code’) mainly on the ground that the petitioner’s one of the proposers, viz. Pramod Kumar was not an elector from 1.1.2009 as the entry at serial No. 3 Part No. 170 of the electoral roll relating to 261- Allahabad West Assembly Constituency, had been deleted (Vilopit) and the petitioner has annexed himself a copy of the electoral roll (Schedule 4) at page 60-61 of the election petition, which has been made by him as integral part of the election petition, therefore, according to the petitioner himself Pramod Kumar was not competent to act as one of the proposers. If the name of Pramod Kumar is taken away from the nomination paper filed by the petitioner, number of remaining propose
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