R.C.MISHRA
Tarun Sharma – Appellant
Versus
Vishwas Sarang – Respondent
1. As a common question of law has arisen in both the trials, this order shall govern disposal of interim applications (registered as I.A. No.48/2009 in Election Petition No.27/2009 and I.A. No.14/2009 in Election Petition No.29/2009) under Order VII rule 11 of the Code of Civil Procedure, 1908 (for brevity "the Code") read with sections 86 and 87 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") for rejection of respective election petitions on the ground of non-disclosure of cause of action or a triable issue.
2. Incidentally, none of the petitioners is an unsuccessful candidate but each one of them was entitled to vote at the elections in question. The respondent in Election Petition No.27/2009 namely Vishwas Sarang is declared elected to M.P. Legislative Assembly Constituency No.151, Narela whereas the respondent in Election Petition No.29/2009 viz. Dhruv Narayan Singh is the returned candidate to M.P. Legislative Assembly Constituency No.153, Bhopal.
3. For the sake of convenience, the respondents shall be referred to by their respective names only. On the date of filing of the nomination papers:
Vishwas Sarang was working as Chairman of R
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20. K.R.C.S. Balakrishna Chefty and Sons and Co. v. State of Madras [AIR 1961 SC 1152]
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