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2009 Supreme(MP) 840

R.C.MISHRA
SHUSHIL KUMAR KHATRI – Appellant
Versus
SARTAJ SINGH – Respondent


Advocates Appeared:
A.K.TIWARI, A.P.SINGH, Arpan J.Pawar,

Judgment

( 1. ) THIS order shall govern disposal of LA. No. 49/2009 that is an

application, under Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) read with Order VII Rule 11 of the Code of Civil procedure (for brevity the Code), for rejection of the election petition inter alia on the ground of non-disclosure of cause of action or a triable issue. ( 2. ) IN this petition, election of the respondent to M. P. Legislative assembly Constituency No. 136 Seoni-Malwa has been challenged solely on the ground of corrupt practices. In the election, the petitioner was in the fray as an independent candidate whereas the respondent was the official candidate of bhartiya Janta Party, the then ruling political party in the State.

( 3. ) THE prayer for rejection of the petition even without entering into a full-dress trial has been made on the following grounds :-

(i) The petitioner has failed to comply with the mandatory requirement of Section 81 (3) of the Act. (ii) The annexures, incorporated in and thus forming integral part of the election petition, have not been verified in accordance with Section 83 (2) of the Act and further, there is absolutely no













































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