RAKESH TIWARI, J. - (1.) HEARD Sri R.K. Awasthi, learned Counsel for the petitioner and Sri Siddarth, learned Counsel representing respondent No. 1.
(2.) THE petitioner was elected as Chairman of Nagar Panchayat Deorania, Tehsil Baheri, District Bareilly in the election held in November, 2006. Election petition being Election Petition No. 34 of 2006 was filed by re­spondent No. 1, Chabili Devi challenging the election petition of the peti­tioner on various grounds. One of the grounds taken in the election petition was that the petitioner has committed the corrupt practice of undue influence with the assistance of Sri Ataur Rahman, a sitting M.L.A. belonging to Samajwadi Party who was also the Chairman of the Minority Financial Corporation. Similar allegations were also made against his brother Sri Wafaur Rahman, who is a sitting Block Pramukhof Block Damkhora, Tehsil Baheri. During the pendency of the election petition an application under Order VII, Rule 11, C.P.C. was filed praying that since no triable cause of ac­tion had been shown in the election petition, hence it was liable to be dis­missed.
(3.) THE Court vide its order dated 4.3.2008 dismissed the aforesaid appli­cation under Order VII, Rule 11, C.P.C.;