Sunil Ambwani, J. - (1.) This is an application under Order VII, Rule 11 Code of Civil Procedure 1908 as amended (in short CPC) read with Section 86(1) of the Representation of the People Act, 1951 (in short, the Act) dated 19.8.2002, with a prayer to dismiss the election petition, as it does not disclose the cause of action as also the material facts and particulars, and on the ground that the election petition has not been filed in compliance with Section 83 of the Act. The application is supported by the affidavit of respondent No. 1, the elected candidate. The election petitioner has filed his objections to the application on 21.1 1.2003. The replication was filed on 7.12.2002.
(2.) The applicant Dr. Narendra Kumar Singh Gaur, was declared elected to the Uttar Pradesh Legislative Assembly from Allahabad (North) Assembly Constituency on 24.2.2002, in the elections notified on 16.1.2002. for which the polling took place on 21.2.2002, with 30187 votes. The election petitioner Shri Anugrah Narain Singh obtained 25976 votes.
(3.) The election petitioner has challenged the election on ground Nos. (1) to (viii), set out in paragraph No. 4 of the election petition filed on 8.4.2002, of which the concise statements of material facts is stated in the election petition from paragraph Nos. 6 to 50.;