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2015 Supreme(Online)(Chh) 176

CHATTISGARH HIGH COURT
Goutam Bhaduri, J.
Nand Kumar Sahu v. Satyanarayan Sharma


1. The order shall govern the disposal of I.A. No.3, which is an application under O.7 R.11 of C.P.C., wherein the respondent has challenged the tenability of the election petition and raised the preliminary objection.

2. The written statements though have been filed on 25.06.2014 prior to that, an application under O.7 R.11 of C.P.C. was preferred to challenge the maintainability of the petition. Subsequent there to by an order dated 25.04.2014, the Court had directed for hearing of the application under O.7 R.11 of C.P.C., pursuant there to, it has come up for hearing to adjudicate on maintainability of the petition as to whether cause of action arises for all the grounds pleaded in election petition.

3. Application under O.7 R.11 of C.P.C. is preferred by the respondent No.1, the returned candidate. Perusal of the election petition would show that initially 16 parties were added as a respondents, but subsequently, all the names have been deleted except respondent No.1. Though the respondents numbering upto 2 to 16 were deleted, the averments and the pleadings with respect to the said parties, still exits. This has led to complete contradiction and omissions of pleadings and submis


























































































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