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2011 Supreme(All) 2624

SUDHIR AGARWAL
SHARAD TRIPATHI – Appellant
Versus
BHISHMA SHANKAR @ KUSHAL TIWARI – Respondent


Advocates:
In person and K.R. Singh for the Petitioner; Umesh Narayan Sharma and Ravi Shanker Prasad for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri U.N.Sharma, learned Senior Advocate assisted by Sri Ravi Shankar Prasad and Sri Chandan Sharma for the applicant-respondent and Sri K.R.Singh for the petitioner.

2. These are three applications filed on behalf of respondent Bhishma Shankar in Election Petition No. 11 of 2009.

3. Application No. 48541 of 2010, Paper No. A-14 dated 15.2.2010 is under Order VI Rule 16 of Civil Procedure Code (in short “CPC”) for striking off paragraph Nos. 5, 7 to 10, 21 to 23 and 25 to 34 of election petition being irrelevant, vague and fictitious.

4. Second Application No. 48548 of 2010, Paper No. A-16 dated 15.2.2010 is under Order VII Rule 11 CPC praying for dismissal of election petition for non-disclosure of cause of action.

5. The third application No. 48545 of 2010, Paper No. A-15, is under Section 86(1) of Representation of People Act, 1951 (hereinafter referred to as “ 1951 Act”) for dismissal of election petition for non-compliance of Sections 81(3) and 86(1) of 1951 Act.

6. Petitioner Sharad Tripathi contested 15th Lok Sabha General Election from Lok Sabha Constituency No. 62, Sant Kabir Nagar, State of U.P. In the aforesaid election, respondent Bhis





































































































































































































































































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