PURUSHOTTAM LAL Vs. JITENDRA GOYAL

JUDGEMENT

(1.) The petitioner assails the order dated 4.2.2021 whereby the Court of Additional District and Session Judge No.1, Bharatpur allowed the application under Order 7 Rule 11 CPC and dismissed the election petition No.09/2020 filed before it challenging the election of the Vice Chairman of the Nagar Palika, Roopwas.

(2.) Learned counsel for the petitioner submits that the order of rejecting the election petition is illegal and unjustified. Learned counsel submits that as the petitioner was the voter, he has a right to challenge the election of any candidate.

(3.) Learned counsel submits that the petitioner has a right emanating from the Act as he participates in the election. He, therefore, obviously can raise the issue especially in cases where the person elected is on the post.