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2014 Supreme(MP) 1575

G.S.SOLANKI
Ram Khelawan Patel – Appellant
Versus
Rajendra Kumar Singh – Respondent


Advocates Appeared:
For the Petitioner:Amit Singh, Advocate.
For the Respondents:Arpan J. Pawar and Kuldeep Singh, Advocates.

JUDGMENT :

G.S. Solanki, J.

1. This order shall govern disposal of I.A. No. 22/2014, which is an application filed by respondent No. 1 under Order VII Rule 11 of the CPC read with Section 86 of the Representation of People Act, 1951 (hereinafter referred to as the Act of 1951) inter alia on the ground that the petitioner has called in question the election of respondent No. 1 from Assembly Constituency No. 66, Amarpatan on the following grounds :-

(i) Suppression of material facts while submitting the nomination papers.

(ii) Indulging in corrupt practices

(iii) exceeding permissible limit of expenditure

2. It is further submitted that though in the instant election petition, the petitioner is seeking his own declaration as the returned candidate but as per the mandatory requirement of Section 82 of the Act of 1951, the petitioner has not arrayed all the contesting candidates as the respondents in the election petition, therefore, on the ground of non-joinder of all the candidates, the election petition is liable to be dismissed at threshold. It is further submitted that the pleadings contained in the election petition do not disclose any cause of action because no specific pleading in an

















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