O R D E R

(13.07.2020)

1. This order shall govern the disposal of I.A. No. 8210 of 2019 filed by Respondent No.1 Devendra Singh on 5.7.2019 under Order 7 Rule 11 of CPC read with section 86 of “Representation of the People Act, 1951” (referred to as “Act 1951”) for dismissal of the election petition No.07 of 2019 as not maintainable under section 86 of the Act, 1951 read with Order 7 Rule 11 of CPC.

2. Notification U/s 30 of R.P. Act,1951 was issued by Election Commission on 02.11.2018 for Legislative Assembly election. Voting was held on 28.11.2018 and the result was declared on 11.12.2018. Respondent No.1 Devendra Singh, Sponsored by the Indian National Congress Party, is the returned candidate (by margin of 8001 votes) for Constituency No.140, Udaipura, District Raisen. Petitioner Ram Kishan Patel, sponsored by Bhartiya Janta Party, who was the looser in that election, filed main election petition under section 80 / 80-A of the Act, 1951 on 24.01.2019 mainly on the ground as contained in Section 100 (1) (d) (i) & (iv) of the Act, 1951.

3. As per the petitioner the election of respondent No.1 is vitiated under section 100 (1) (d) (i) & (iv) of the Act, 1951 because the nomination sub