- (1.) Leave granted.
(2.) The appellant has two grievances - (i) The Court has not disposed of an application filed by her under Order VII Rule 11 of The Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') for rejection of the Election Petition and the same has been posted along with the main petition and (ii) She is denied an opportunity to file written statement.
(3.) The first respondent herein filed an Election Petition challenging the election of the appellant to the 289 Nagiri Assembly Constituency. Appellant was declared elected on 16.05.2014. The election petition is dated 30.06.2014. On receipt of notice in the Election Petition, the appellant filed Annexure-P/4-application for rejection of the Petition, under Order VII Rule 11 of the CPC by way of a counter affidavit. It appears that the court declined to consider the same on the ground that there was no formal application and hence proceeded with the trial. At that stage, appellant filed Annexure-P/5-formal application for rejection of the Election Petition on the ground that the Election Petition did not disclose any cause of action. That application as per the impugned order dated 27.04.2016 was posted along with the main petition, and thus, the appeal.;