Hon’ble Pankaj Mithal, J.—The elections were notified to elect the representatives of the 16th Legislative Assembly U.P.

2. According to election programme announced the nomination for the 261 Assembly Constituency, Allahabad West started on 21.1.2012 and ended on 28.1.2012. The polling was held on 15.2.2012 and the counting was done on 6.3.2012. The result was declared the same day and the respondent Smt. Puja Pal was declared elected from the said Constituency.

3. The petitioner Mohd. Akhtar Chooriwala alleging himself to be the National President of Urdu Development Organization and the State President of All India United Muslim Morcha and resident of Khuldabad, Allahabad as on electoral of the aforesaid Assembly Constituency, filed this petition challenging the election of the returned candidate on the sole ground that he was not supplied with the nomination paper in Urdu despite repeated demands in violation of the order dated 4.5.2001 of the Chief Election Commissioner, U.P., and various other similar orders and therefore the election stands vitiated for non compliance of the same.

4. On the presentation of the election petition notices were issued to the respondent. One Sri Prakash Chandra Shakya, Advocate filed his appearance on behalf of the respondent on 19.9.2012 but he repeatedly absented himself. Therefore, the Court on 18.10.2012 and again on 8.2.2013 directed to proceed ex parte against the respondent.

Subsequently, on the application of the respondent the orders directing to proceed ex parte were recalled and her written statement was accepted by the Court vide order dated 22.11.2013. On her behalf an application was filed for dismissing the election petition purported to be under Order 7 Rule 11 CPC. The said application was rejected on 16.4.2014 as no one ever turned up to press it.

5. On the basis of the pleadings exchanged, the Court on 15.5.2014 formulated the following issues for determination :

“(i) Whether the election dated 15.2.2012 of which result was declared on 6.3.2012 of the 261 Assembly Constituency, Allahabad West is void under Section 100 (i) (d) (iv) of the Representative of Peoples Act, 1951 (hereinafter referred to as the Act) for non compliance of the order of the Chief Election Officer dated 4th May 2001, inasmuch as, the petitioner was not provided with the Urdu version of the nomination paper even on demand; and

(ii) to what relief the petitioner is entitle to in the petition.”

Thereafter, on behalf of the respondent Ms. Deeba Siddiqui had put in appearance alongwith Sri Ravi Kiran Jain, Senior counsel but subsequently they also stopped appearing. The case again proceeded ex parte against her.

6. The petitioner appeared in person before the Court on 18.5.2015 and stated that he has withdrawn the instructions from his counsel and that he would argue the matter himself. Accordingly, power of attorney of the counsel appearing on his behalf was discharged and he was permitted to appear in person.

The petitioner in order to prove his case filed several documents and those proved and admissible were marked as exhibit P-1 to P-5. He himself appeared as PW-1 and examined one Mohd. Moin as PW-2 in support of his case. The said two witnesses were not cross-examined as none was appearing for the respondent.

7. As no counsel was appearing from either of the sides and the Court was unable to get any legal assistance, it was considered desirable to appoint an Amicus Curie. Sri Om Prakash, learned Advocate of this Court was appointed as Amicus Curie vide order dated 29.11.2016 to help the Court.

Before commencing final hearing on the submission of Amicus Curie and with the consensus of the petitioner an additional issue No. (i) (a) was framed as under :

“Whether the election petition is not maintainable and is liable to be dismissed for want of necessary pleadings with regard to material facts and material particulars so as to challenge of the election of the returned candidate on the ground u