Hon’ble Shri Kant Tripathi, J.—Heard Mr. M.N. Krishnamani, learned senior counsel assisted by Mr. Rajendra1 Kumar Pandey for the petitioner and Mr. Keshari Nath Tripathi, learned Senior Counsel assisted by Mr. K.R. Singh for the Objector respondent.

2. The election petitioner Mr. V.M. Singh has filed the instant election petition to challenge the election of the respondent Mr. Feroze Varun Gandhi (the returned candidate) as a Member of the House of the People from 26- Pilibhit Constituency.

3. It is not in dispute that the respondent Mr. Feroze Varun Gandhi is the returned candidate belonging to Bhartiya Janata Party and the petitioner Mr. V.M. Singh is the nearest defeated candidate belonging to the Indian National Congress. The notification for the election was issued on 2.3.2009. The respondent filed his nomination on 22.4.2009. The date of poll was 13.5.2009. The respondent’s election has been challenged with the allegations that he made speeches during the election campaign in different meetings and appealed for vote in the name of religion by creating animosity and hatred between Hindu and Muslim community. Speeches so made by the respondent can be divided into two ca