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2011 Supreme(All) 2277

SUDHIR AGARWAL
RAJESH SINGH – Appellant
Versus
BHISM SHANKAR @ KUSHAL TIWARI – Respondent


Advocates:
Counsel :
Rajiv Singh and R.N. Singh for the Petitioner; U.N. Sharma, Chandan Sharma for the Respondent.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Sri U.N. Sharma, Senior Advocate, assisted by Sri Chandan Sharma, Advocate appeared for the applicant-respondent; Sri R.N. Singh and Rajiv Singh advocates have appeared for the petitioner.

2. These are three applications filed on behalf of respondent Bhishma Shankar in Election Petition No. 4 of 2009.

3. Application No. 45570 of 2010, Paper No. A-10 dated 15.2.2010 is under Order VI Rule 16 of Civil Procedure Code (in short “CPC”) for striking off paragraphs No. 7 to 18 of the election petition being irrelevant, vague and fictitious.

4. Second Application No. 45568 of 2010, Paper No. A-11 dated 15.2.2010 is under Order VII Rule 11 CPC praying for dismissal of election petition for non disclosure of cause of action.

5. The third application No. 45574 of 2010, Paper No. A-9 is under Section 86(1) of Representation of People Act, 1951 (hereinafter referred to as “ 1951 Act”) for dismissal of election petition for non-compliance of Sections 81(3) and 86(1) of 1951 Act.

6. Petitioner Rajesh Singh contested 15th Lok Sabha General Election from Lok Sabha Constituency No. 62, Sant Kabir Nagar, State of U.P. In the aforesaid election respondent Bhishma Sha



















































































































































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