C.K. Thakker, J. - (1.) The present appeals have been filed by the appellant, returned candidate against the common order passed by the High Court of Judicature at Bombay (Nagpur Bench) in Civil Application Nos. 473 of 2000, 474 of 2000 and 2321 of 2000 in Election Petition No. 1 of 1999. By the said order. Civil Application Nos. 473 of 2000 and 474 of 2000 filed by the appellant herein were rejected by the Court and Civil Application No. 2321 of 2000 filed by the first respondent herein came to be allowed.
(2.) To appreciate the questions raised by the appellant before us, relevant facts may be stated: The appellant before us contested an election from 148 Amgaon Legislative Constituency, Bhandara, Maharashtra. The first respondent also contested the election from the same Constituency. Whereas the appellant got elected, the first respondent lost the election. The later, therefore, filed an Election Petition No. 1 of 1999 in the High Court of Judicature at Bombay (Nagpur Bench) for setting aside the election of the returned candidate inter alia on the ground of corrupt practices adopted by the returned candidate. It was alleged that the returned candidate had not submitted correct and true accounts, had spent unaccounted money, etc. It was also alleged that the returned candidate had violated various provisions of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and the election was, therefore, liable to be set aside. The petition was instituted on 1st November, 1999. Notices were issued to the respondents pursuant to which they appeared. The first respondent - appellant herein filed a written statement denying the averments made in the election petition. He also filed two applications, Civil Application No. 473 (Exh. 23) under the provisions of Order VII, Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) for rejection of Election Petition on the ground that it did not disclose cause of action and Civil Application No. 474 (Exh. 22) under Order VI, Rule 16 of the Code for striking out certain pleadings from the petition. Copies of both the applications were duly served upon the petitioner. The election petitioner replied both the applications, vide replies Exhibits 30 and 27 respectively. The election petitioner also filed an application being Civil Application No. 2321 of 2000 (Exh. 32) for granting permission to furnish material particulars of corrupt practices as alleged in the petition. The said application was instituted on 16th June, 2000. No copy of the said application was served upon the appellant herein.
(3.) The High Court, by a common order dated 15th February, 2003, impugned in the present appeal, dismissed the applications Exhibits 22 and 23 and allowed the application Exhibit 32. The said order is challenged by the appellant by approaching this Court.;