JUDGMENT :

Saral Srivastava, J.

Order on Civil Misc. Application No. 6 of 2022, under Order VII Rule 11 of C.P.C.

and

Order on Civil Misc. Application No. 7 of 2022, under Section 86 (1) of The Representation of People Act, 1951)

Heard Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Udayan Nandan, learned counsel for the respondent No. 1/applicant, and Sri Anil Kumar Sharma, learned counsel for the election-petitioner assisted by Sri Saroj Kumar Yadav, Advocate.

2. The respondent No. 1-Ramesh, who is the successful candidate in the election of the Assembly Constituency No. 365, Shahganj, District Jaunpur, seeks summary dismissal of the election petition instituted by the election-petitioner by filing two applications; Civil Misc. Application No. 6 of 2022 under Order 7 Rule 11 of C.P.C., (ii) Civil Misc. Application No. 7 of 2022 under Section 86 (1) of the Representation of the People Act, 1951.

3. The Election Commission issued a Notification under Section 15 of the Representation of People Act, 1951 (in short 'R.P. Act, 1951') on 14.1.2022 to constitute a new Legislative Assembly of Uttar Pradesh. The election of Assembly Constituency No. 365, Shahganj, District Jaunpur was scheduled under the 7th phase of the election. Details of the election programme as notified are given herein-below :

4. In the said election, the election petitioner alongwith twelve other candidates was in the contest for the member of the Legislative Assembly in respect to Constituency No. 365, Shahganj, District Jaunpur. The election-petitioner filed his nomination paper as a candidate of Samajwadi Party (S.P.) under the symbol 'Bicycle' and respondent No. 1 filed his nomination from Nirbal Indian Shoshit Hamara Aam Dal Party, popularly known as 'Nishad Party'. Respondent No. 1 was declared elected candidate by a margin of 719 votes.

5. The election of respondent No. 1 has been challenged by the election petitioner primarily on the ground under Section 100 (1) (d) (i) and 100 (1) (d) (iv) of the R.P. Act, 1951. The Election Petitioner has set out the following grounds in the Election Petition to challenge the election of respondent No. 1:

''(i) Because, the result of the election so far as it concern to respondent No. 1 (returned candidate) has been materially affected by none compliance of provisions of Constitution of India, Representation of People Act, 1951 and Conduct of Election Rule, 1961 and order issued under Representation of People Act, 1951 and the orders, Sections and guidelines issued by Election Commission of India from time to time in exercise of its power confirmed by the Constitution.

(ii) Because, the result of election has been materially affected so far as, it concern to the respondent No. 1 as Returning Officer and Assistant Returning Officer acted in contravention of Part-III of Conduct of Election Rules, 1961 and Rule 54-A of Conduct of Election Rules, 1961, and the orders, guidelines and instruction issued by Election Commission of India from time to time contained in Hand Book for the Returning Officer.

(iii) Because, the result of election has been materially affected as the respondent No. l illegally been allowed to participate in the election