Prakash Krishna, J. - (1.) On the Application No. 259866 of 2009 Paper No. A -9 (Under Order 6 Rule 16 Code of Civil Procedure For striking of certain paragraphs from the Election Petition) And
(2.) On Application No.259867 of 2009 (Under Ss. 81, 82, 83, and 86(1) of the Representation of People Act read with Order 7 Rule 11 C.P.C to dismiss the Election Petition in limine in view of the preliminary objections raised by the elected candidate). 1. By means of the above election petition filed under Ss. 80, 80A/81 of the Representation of People Act 1951 (hereinafter referred to as Act, 1951), the Petitioner has challenged the election of Parliamentary Constituency No. 23 -Badaun Parliamentary Constituency held on 16th of May, 2009 which consists of five Legislative Assembly Constituencies namely (1) Gunnaur Legislative Assembly Constituency; (2) Bisauli Legislative Assembly Constituency (reserve); (3) Sahasawan Legislative Assembly Constituency; (4) Bilsi Legislative Assembly Constituency; and (5) Badaun Legislative Assembly Constituency. The Election Commission of India on 2nd of March, 2009 issued a notification under Sec. 14 of the Act to constitute 15th Lok Sabha by providing that the election in country shall be held in five phases. The election of Badaun Parliamentary Constituency took place in the fifth phase by inviting the nomination papers from 17th of April, 2009 to 24th of April, 2009, the date of scrutiny of nomination papers was 25th of April, 2009, the date of withdrawal of nomination paper and allotment of symbol was 28th of April, 2009, the date of polling was 13th of May, 2009 and the date of counting was 16th of November, 2009. The result was also declared on 16th of May, 2009 declaring elected Dharmendra Yadav, the Respondent No. 1 herein, a candidate of Samajwadi Party. In the said Parliamentary Election, the election Petitioner contested the election as Bahujan Samajwadi Party candidate. 2. By means of the present election petition, the Petitioner has sought that the declaration of election of Respondent No. 1, Sri Dharmendra Yadav be set aside and be declared null and void. It may also be declared that he is guilty of committing corrupt practices of undue influence and booth capturing under Sec. 123(2) and Sec. 123(8) read with Sec. 135A of the Act. The Petitioner also claimed that he may be declared duly elected Member of Parliament from the said Parliamentary Constituency by excluding 1,06,719 bogus votes from 7,36,933 votes with all other ancillary and consequential reliefs.
(3.) In response to the above petition, a reply has been filed by the elected candidate by denying the allegations levelled against his election. He also preferred the aforesaid two applications for the dismissal of the election petition at its threshold.;