YASHWANT VARMA, J. I.A. 1982/2023 [under Order VII Rule 11(a) CPC]

1. The first respondent, and who is the returned candidate, has moved the present application for rejection of the election petition on principles akin and analogous to Order VII Rule 11 of the Code of Civil Procedure, 19081. As would be evident from a reading of the petition itself, the challenge to the election of the first respondent was based primarily on the following grounds:

a. Non-disclosure of criminal antecedents;

1 Code El. Pet. 1/2022 b. The respondent holding an office of profit on the date of scrutiny of nomination;

c. A suppression of Income Tax Returns2 of Financial Year3 2019-20; and d. Disclosure of an incorrect valuation of shares in Prastav Communications Pvt. Ltd.4 by the returned candidate as forming part of the section pertaining to ‗movable assets‘ in the nomination form.

2. The election petition itself has been instituted by the petitioner, who claims to be a voter in the concerned constituency, namely, AC- 39, Rajinder Nagar. The challenge pertains to the bye-election which was notified on 30 May 2022 by the Election Commission of India5.

As per the timeframe specified in the election no