Election petitions must contain concise statements of material facts. Omission of a single material fact renders the petition liable to dismissal under the R.P. Act, emphasizing strict adherence to procedural and substantive legal requirements.

Order No. 36.

1. This application has been filed by the Respondent No.1 in ELPET No. 30 of 2024, whose election is under challenge, with the following prayers;

PRAYER

“It is therefore prayed that this Hon‟ble Court be graciously pleased to pass order/orders to strike out/delete the pleadings made under Paragraphs 1 to 6, 6A to 6X and 7 to 14 of the Election Petition in exercise of power under Order VI Rule 16 C.P.C. and reject/dismiss the Election Petition in its entirety at the very threshold under section 86 of the R.P. Act, 1951 r/w Order VII Rule 11 C.P.C.

AND pass such order/orders as deem fit and proper under the facts and circumstances of the case

AND for this act of kindness the present Petitioner/Respondent as in duty bound shall ever pray.”

2. The Court observes that, despite giving ample opportunity to file Objection, the Election Petitioner failed to file any written objection opposing to the prayers made in this application. Hence, this Court was constrained to consider this application in absence of any written objection filed by the Election Petitioner. Though hearing on the I.A. was substantially made on 15.05.2025, but could not be concluded till 24.10.2025 because of filing of various petitions by the Election Petitioner during midst of hearing of the present I.A. Finally the matter was re-heard on 24.10.2025. Hearing was concluded and order was reserved, permitting the parties to file their Written Notes of Submission and Citations by 7^th November, 2025. Pertinent to mention here that during hearing of the I.A. on 24.10.2025, learned Counsel for the Election Petitioner, instead of making oral submissions, opted to file written notes of submission and filed a memo to the said effect in the Court, which was allowed. Despite giving opportunity vide the said order dated 24.10.2025 to file written notes of submission so also citations, if any, by 7th November, 2025, the Election Petitioner failed to avail such opportunity.

3. The ELPET No. 30 of 2024 has been preferred by the Election Petitioner, who is an unsuccessful candidate from 03- Sambalpur Parliamentary Constituency in the General Election 2024, challenging the election of the Respondent No.1 (present Petitioner), who was duly declared elected after securing the majority of valid votes, seeking the following declarations:

I. The nomination and the affidavit in Form-26 filed by the Respondent No.1 are null and void for alleged non-disclosure and incorrect information regarding assets, liabilities and criminal antecedents.

II. The election of Respondent No.1 is void and illegal for having filed false and incomplete affidavit suppressing the material facts that materially affected the result of the election.

III. Votes polled in favour of the Respondent No.1 are invalid and void.

IV. The Election Petitioner is duly elected as a Member of Parliament from 03- Sambalpur Parliamentary Constituency having polled majority of votes in his favour.

4. The Respondent No.1 has filed the present application under Order VI Rule 16 & Order VII Rule 11 of CPC, read with Section 86 of the R.P. Act, seeking rejection of the entire Election Petition on the grounds of non- compliance of the mandatory provisions of Section 81 (3) and Section 83 of the Representation of the People Act, 1951 , shortly hereinafter “the R.P. Act”, as the copy of the Election Petition served on the Respondent No.1 is not the exact and true copy of the same, as filed in