Dilip Gupta, J. - (1.) Election Petition No. 3 of 2014 was filed by Sanjay Singh Rana under Sec. 80/81 of the Representation of the People Act, 1951 for declaring the election of the returned candidate of 35 Lucknow Parliamentary Constituency null void. An application bearing No. 124332 of 2014 has been filed by the returned candidate under Sec. 86(1) of the Act with a prayer that the election petition may be dismissed. It is this application that has been pressed by learned counsel appearing for the returned candidate.
(2.) Sri Raj Nath Singh, who has been impleaded as respondent No. 3 in this election petition, was declared elected on 16 May 2014. The petitioner had submitted his nomination paper before the Returning Officer on 7 April 2014. The date for scrutiny of the nomination papers was notified as 10 April 2014. The petitioner was provided a copy of the order dated 10 April 2014 that his nomination paper had been rejected for the reason that he had not properly filled the affidavit nor had he submitted the notarized affidavit despite notice having been issued to him. The election petition was filed contending that the Returning Officer committed an illegality in rejecting the nomination paper of the petitioner.
(3.) Notice was issued to the respondents on 22 August 2014. Dr. L.P. Misra, learned counsel has appeared on behalf of respondent No. 3.;