ORDER

1. Heard on I.A.No.2047/2022 which is an application under Order 7 rule 11 and section 151 of CPC read with section 86(1) of the Representation of People Act, 1951 (hereinafter referred to as “Act of 1951”) filed on behalf of respondent No.1 for rejection of election petition on the grounds mentioned therein.

2. The present election petition has been filed by the original petitioner Rahul Silawat, who also contested the election from the Constituency No.211 Sanwer, District Indore as an independent candidate but lost to respondent no.1 by a margin of 95845 votes in the general elections for Legislative Assembly held in the month of December, 2018. The petitioner has challenged the election petition seeking the following reliefs :--

“(i) call for the entire record from the Election Commission of Indial in respect of 211, Sanweer Constituency of M.P. State Legislative Assembly.

(ii) declare the election of respondent No.1 from 211 Sanwer Constituency of M.P. State Legislative Assembly as null and void.

(iii) declare the respondent No.2 (who has secured second highest votes) as duly elected member of the M.P. State Legislative Assembly from 211 Sanwer Constituency of M.P.State Legislative Assembly.

(iv) direct for initiation of criminal proceedings under section 125 A of the Representation of People Act against respondent No.1.

(v) grant any other relief which this Hon’ble Court deems fit and proper in the interest of justice.

(vi) Grand cost of the petition.”

3. The respondent no.1 filed the reply of the election petition on 16.6.2019 and denied all the allegations in toto and in reply to the allegations made against the respondent No.1, it is contended that the allegations levelled in the election petition do not fall under the definition of corrupt practice described under the Act of 1951.

During the pendency of this petition the respondent No.1 resigned from the Legislative Assembly and his resignation was duly accepted on 14.3.2020 and the seat of Sanwer Constituency No.211 was declared vacant on account of resignation of respondent No.1. After the byelections were notified by the election commission, the original petitioner filed an application for withdrawal of the petition and lastly in compliance to order passed by this Court, the Registry of this Court published the notice on 27.1.2021 seeking withdrawal of the election petition and thereafter on 13.2.2021, the substituted petitioner filed an application under section 110(C) of the Act of 1951 which was allowed and the present petitioner has been constituted in place of the original petitioner and this Court permitted him to continue proceedings of the instant election petition.

4. Learned counsel for the respondent No.1 has submitted that due to the resignation of respondent No.1 and after the by-elections of seat of Sanwer constituency, the relief sought by the petitioner in the original petition has rendered infructuous and the reliefs are only academic. It is also submitted that in the by-elections respondent No.1 won the elections from the Legislative Assembly of Constituency No.211, Sanwer, district Indore by margin of 53,264 votes. Now no cause of action survives and as a result of which petition could be said to be the petition disclosing no cause of action qua the relief of declaring the election of the respondent No.1 from the Constituency No.211, Sanwer District Indore in the general assembly election held in the year 2018 null and void. All other reliefs are consequential and now are academic only. It is also submitted that section 83 of the Act of 1951 not having been satisfied inasmuch as the petitioner in the petition though having alleged for commission of corrupt practices in the said election has failed to satisfy the mandatory requirement of law by not filing proper affidavit in support of the allegations of corrupt practices made in the petition as an effect whereof the petition is liable for rejection. It is further submitted that the relie