1. This is an application by the original respondent No.l under Order VII R.11 of the Code of Civil Procedure, 1908 (CPC) for rejection of Election Petition preferred by the opponent (original petitioner) for violation of S.81 and S.83 of the Representation of the People Act, 1950 and for its dismissal under S.86 of the said Act.

2. Heard Mr. S.M. Gorwadkar, the learned Senior Counsel for the applicant (Original Respondent No.1.) and Mr. Vyas, the learned Counsel for the Opponent (Original Petitioner). Perused the record annexed to the present application and of the Election Petition.

3. The opponent (original petitioner) contested the election from Maharashtra State Legislative Assembly Constituency No.145 for Mira Bhayandar Assembly Constituency. That the said elections were held on 15 th October 2014 and its results were declared on 19th October 2014. The applicant herein was declared as an elected candidate from the Mira Bhayandar Constituency.

4. The opponent (original petitioner) thereafter filed the present Election Petition challenging the election of the applicant on 2nd December 2014. The applicant thereafter filed the present application under Order VII R.11 of the Code o