JUDGMENT & ORDER

[1] Heard Shri M. Devananda, learned Advocate assisted by Shri Ph. Sanajaoba, learned counsel appearing for the applicant. Shri S. Biswajit Meitei, learned counsel appearing for the principal respondent.

[2] This is an application filed by the applicant/ respondent No.1 praying for dismissal of the election petition being EP No. 9 of 2017 on the ground that it has been filed in violation of the provisions of Section 100 of the Representation People Act, 1951.

[3] The applicant is the respondent No.1 in the election petition and by this application being MC(EL.PET) No.35 of 2017, the applicant has raised an issue as regards the maintainability of the election petition filed by the principal respondent to declare him as the returned candidate. According to the applicant, the principal respondent has not approached this Court in compliance with the provisions of Section 100 of the Representation of the People, Act 1951 to ventilate his grievances and  rather, he has approached this Court violating the provisions mentioned therein.

[4] A reply has been filed by the principal respondent wherein a preliminary objection has been raised as regards the maintainability of the ap