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2020 Supreme(MP) 363

RAJENDRA KUMAR SRIVASTAVA
Abhay Kumar Mishra – Appellant
Versus
Rajendra Shukla And Others – Respondent


Advocates Appeared:
Shri P.D. Gupta, Learned Counsel, for the Appellant; Shri Sanjay Kumar Agrawal with Shri S.K. Sharma, Learned Counsel, for the Respondent No. 1; Shri Vinay Kumar, Learned Counsel, for the Respondents No. 2 to 4

JUDGMENT

1. Heard on I.A. No. 7170/2019, an application under order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) r/w Section 86 of the Representation of Peoples Act, 1951 (hereinafter referred to as ' Act of 1951 ) filed by the respondent No. 1 for dismissal of this election petition.

2. Before considering the said application, I would like to mention brief facts of the case. The petitioner has filed this Election Petition under Sections 80, 80-A read with section 100(1) of the Representation of Peoples Act, 1951 (hereinafter referred to as ' Act of 1951 ), seeking declaration that the election of the Respondent No.1 from Constituency No. 74, Rewa in the Madhya Pradesh Legislative Assembly Election, 2018 (hereinafter referred to as ' 2018 Assembly Election ') be declared as null and void. It is undisputed fact that the Petitioner contested election against the Respondent No.1 from Constituency No.74, Rewa in 2018 Assembly Election. It is also undisputed fact that results of 2018 Assembly Election were declared on 11.12.18 and the Respondent No.1 was declared as returned candidate from Constituency No. 74, Rewa. The petitioner has challenged electio

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