R.C.Mishra, J.

( 1. ) This order shall govern disposal of I.A.No.1/10 which is an application, under Order VII Rule 11(a) read with Order VI Rule 16 of the Civil Procedure Code (hereinafter referred to as "the Code") and Section 83(l)(a) of the Representation of People Act (for short the Act), moved by the respondent no. 1 for rejection of the election petition for non-disclosure of cause of action or a triable issue.

( 2. ) The respondent nos.2 to 25 have remained unrepresented despite service of respective notices.

( 3. ) In this petition, election of the returned candidate viz. the respondent no.1 from M.P. Legislative Assembly Constituency Sirmour No.68 has been called in question on the grounds mentioned in sub-clauses (iii) and (iv) of Section 100(1)(d) of the Act with a prayer for a direction to order re-inspection/recount of ballot papers. The petitioner has further sought a declaration that, he himself has been duly elected from the Constituency.

( 4. ) According to the petitioner, on 08.12.2008 upon conclusion of the counting of votes, he had won the election by securing the highest votes and, accordingly, the official website of Election Commission of India namely