JUDGMENT :

(i) C.M. Application (IA) No.01 of 2022; the objection against the letter dated 07.05.2022 issued by the Hon'ble Registrar dated 07.05.222 in compliance of order dated 27.04.2022 demanding the petitioner to deposit the amount of Rs.94500/-regarding publication of notice of the Election Petition perferred by the petitioner.

(ii) C.M. Application (IA) No.02 of 2022; Application for taking Vakalatnama on record filed by Dr. Shailendra Sharma, learned counsel for the opposite party.

(iii) C.M. Application (IA) No.03 of 2022; Application/preliminary objection for rejection/dismissal of Election Petition No.09 of 2022 on behalf of respondent under Section 86 (1) read with Section 87 (1) of the Representation of the People Act, 1951 along with Order VII Rule 11 (a) of the Code of Civil Procedure, 1908 (5 of 1908) against the maintainability of the Election Petition.

(iv) C.M. Application (IA) No.04 of 2022; Application for taking of reply of objection filed by the Respondent.

1. Heard Ms. Shraddha Tripathi, learned counsel for the petitioner and Dr. Shailendra Sharma, learned counsel for the sole respondent/ opposite party.

2. By means of the present election petition, the petitioner has prayed that the election of Assembly Constituency 172 Lucknow, North of returned candidate Dr. Neeraj Bora, the opposite party, which was declared on 10.03.2022 may be declared as void and set aside. Consequential order may also be passed in the interest of justice.

3. On the first date of admission, on 27.04.2022 this Court has passed the following order:-

"Heard Ms. Shraddha Tripathi, learned counsel for the election petitioner.

Issue notice to respondent in terms of Chapter XV-A Rule 5 & 6 of Allahabd High Court Rules.

Steps be taken to serve respondent within seven working days.

List after service of notice."

4. Chapter-XV-A of Allahabad High Court Rules, 1952 (here-in-after referred to as the "Rules, 1952") defines special provisions relating to the trial of election petition. Since the notice is issued to the opposite party in terms of Rules 5 & 6 of the Rules,1952, therefore, for convenience, Rules 5 & 6 are being reproduced here-in-below:-

"5. Issue of notice to respondent.-The election petition shall be laid before the Bench so constituted without delay, and unless it is dismissed under subsection (1) of Section 86 of the Act or for being otherwise defective, the Bench may direct issue of notice to the respondent to appear and answer the claim on a date to be specified therein. Such notice shall also direct that if he wishes of put up a defence he shall file his written statement together with a list of all documents, whether in his possession or power or not, upon which he indents to rely as evidence in support of his defence on or before the date fixed; and further, that in default of appearance being entered on or before the date fixed in the notice the election petition may be heard and determined in his absence. The notice shall be in Form No.34-A.

6. Process fee and charges.-(a) Notice for the respondent shall issued by ordinary process and simultaneously by registered post.

(b) Notice of the election petition shall also be simultaneously published in a newspaper selected by the Registrar.

(c) Notices, process fee, charges and [a sum of Rs.250] as an initial deposit on account of the cost of publication in a newspaper shall be supplied by the petitioner within seven days of the order directing notice to issue. In default, the election petition shall be laid before the Bench for orders. The Bench may reject the election petition unless for sufficient cause if grants further time.

(d) Where the cost of publication in a newspaper exceeds Rs.50 the Registrar shall call upon the petitioner to deposit the excess amount in Court within the time to be fixed by him. On failure of the petitioner to deposit such costs, the petition shall be laid before the Bench for such orders as the Bench may think fit. In case the cost of publication is less than R