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1992 Supreme(All) 861

OM PRAKASH
Narendra – Appellant
Versus
Sukhdeo – Respondent


Advocates Appeared:
For the Appellant : K.R. Singh.
For the Respondent: R.R. Yadav, D.R.S. Chauhan and T.N. Porwar.

JUDGMENT :

Om Prakash, J.

This is an application by Respondent No. 1 (hereinafter referred to as the returned candidate) who has declared to have been elected as a Member of Legislative Assembly from 217 Lalganj Assembly Constituency in district Azamgarh which had undergone poll on 20th May, 1991, under Sections 86 and 87 of the Representation of Peoples Act, 1951 (for short, the Act) and under Order 6 Rule 16 read with Order 7 Rule 11 of the CPC (in brevity Code of Criminal Procedure) with a prayer that paragraphs Nos. 22 to 24, 28, 32 to 34, 36 to 41, 43, 44, 47. 48. 54 to 58, 60, 61 and 63 to 65 of the election petition filed by the opposite party No. 1 (hereinafter referred to as the election Petitioner) be struck out and consequently the petition be dismissed in limine with costs.

2. The election Petitioner has filed this petition calling in question the election of the returned candidate from the aforesaid constituency on the grounds:

(A) that the result of the election insofar as it concerned the returned candidate has been materially affected "by improper reception of void






































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