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2015 Supreme(Online)(Chh) 156

CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Bedanti Tiwari v. Bhaiyalal Rajwade and Others


Advocates:
For the Appellants/Petitioners: Kanak Tiwari
For the Respondents: B. P. Sharma

1. This order shall govern the disposal of I. A. No. 2, application under O.7 R.14 (sic 11) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') raising preliminary objection that Election Petition filed by the petitioner does not disclose triable and reasonable cause of action for the grounds stated in the election petition and therefore, it is liable to be dismissed summarily invoking jurisdiction under O.7 R.11 of the CPC.

2. Election petitioner has filed this Election petition under S.80A read with S.100 and S.101 of the Representation of the People Act, 1951 (hereinafter referred to as "the RP Act, 1951") for declaring the election of respondent No. 1, from 3 Bainkunthpur Legislative Constituency as illegal and void under S.98(b) of the RP Act, 1951 mainly on the following grounds: -
Firstly : That the nomination of returned candidate was improperly accepted by the Returning Officer, materially affecting the result of returned candidate which is ground under S.100(1)(d)(i) of the RP Act, 1951 to declare the election void.
Secondly: The failure of the respondent No. 1 / returned candidate to disclose the governmental liability of Rs. 45,120/- towards elect































































































































































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