Prashant Kumar Singh vs Hakim Lal - 2023 Supreme(All) 1953

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2023 Supreme(All) 1953

AJIT KUMAR
Prashant Kumar Singh – Appellant
Versus
Hakim Lal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: In Person, Mithilesh Kumar Rai, Prashant Kumar Singh (In Person), Vijay Kumar Singh, Manish Goyal and Ravi Shankar Prasad
For the Respondent: Narendra Kumar Pandey, Piyush Shukla, Ms. Divya and Manish Kesarwani

JUDGMENT :

Ajit Kumar, J.

Heard Sri Narendra Kumar Pandey, learned counsel for the respondent-returned candidate, namely, Hakim Lal.

2. The election petition questions election to the constituency 58 Handia, district of Prayagraj for the U.P. State legislative assembly. The returned candidate Mr. Hakim Lal has moved application to reject election petitioner under Section 86(1) of the Representation of People Act, 1951 (for short R.P. Act) and also under rule 11(a) of Order VII of CPC. There is another misc. application under Order VI Rule 16 CPC.

3. The election petition questions the election of returned candidate Mr. Hakim Lal for corrupt practise at his end that led to his victory.

4. It was submitted by learned counsel appearing for the returned candidate that petitioner was eligible to contest the election of the legislative assembly of the State and earned no disqualification either under the R.P. Act,1951 or under the Constitution of India vide its Article 173. It was further submitted that affidavit that contained necessary information on a printed format prescribed for under Rule 4-a read with Section 33 of the R.P. Act, 1951, is meant for display both on the conspicuous place