JUDGMENT

1. Heard on I.A.No.2048/2022 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, Dr.Rajesh Sonkar, 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 2945 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 India 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 petitioner (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 Legisl