DILIP GUPTA, J. - (1.) THE Election Petition has been filed by Dr. Laxmi Kant Bajpai under Sections 80/81 of The Representation of the People Act, 1951' (here in after referred to as the 'Act') calling in question the election of the returned ' candidate Hazi Yaqoob from 381 Meerut Assembly constituency in the State of UttarPradesh.
(2.) THE returned candidate has filed this application under Order VIl Rule 11 of the Code of Civil Procedure, 1908 (here in after referred to as the 'CPC') read with Section 87 of the Act for rejecting the Election Petition as it does not disclose any cause of action. The election to the aforesaid 381 Meerut Assembly Constituency was held in the Second phase. The date of notification was 17 3.2007 and the last date for filing nominations was 24.3.2007. The poil was held on 13 4.2007 and the result was declared on 11.5.2007. In the said election, the petitioner secured 47413 votes, while Hazi Yaqoob secured 48502 votes. Respondent Nos. 2 to 12 aiso contested this election but they secured much lesser votes. Respondent No. 1 Hazi Yaqoob was declared elected on 11th May, 2007 with a margin of 1089 votes.
(3.) THE grounds for challenging the election are referable to the grounds mentioned in Section 100(1)(d)(iii) and (iv) of the Act and are : "(A) Because the result of the election, in so for as it concerns the re­spondent No. 1 Hazi Yaqoob, has been materially affected by the improper reception of votes including improper reception of void votes. (B) Because the result of the election, in so far as it concerns the re­spondent No. 1 Hazi Yaqoob, has been materially affected by non-compliance with the provisions of the Constitution of India, the Representation of the People Actl 1951, and the Rules and Orders made thereunder. (C) Because the petitioner has, in fact, received a majority of valid votes and is entitled to be declared as duly elected from the aforesaid constitu­ency." ;