JUDGEMENT
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(1.)This order shall govern the disposal of I.A. No. 5452/2019 filed by Respondent no. 1 under order 7 rule 11 of the CPC, 1908 read with Sections 80,81 and 83 of the Representation of People's Act,1951 (in short "RP Act").
(2.)The facts necessary for the disposal of the instant application are that, the Election Commission of India issued a press note dated 6/10/2018 and declared the schedule for the General Elections to the State Legislative Assembly of Madhya Pradesh. As per the schedule, the General Elections were to take place on 230 Assembly seats. The instant Election Petition relates to Legislative Constituency No. 213 (Mahidpur, District - Ujjain).
(3.)The Election Commission of India after the conclusion of the counting of votes declared respondent no. 1 as Returned Candidate whereas the present Election Petitioner was placed 2nd in the list of candidates based on number of votes received by each candidate. After notification of Respondent No. 1 as Returned Candidate on 11/12/2018, the present election petitioner filed petition in terms of Section 81 of the RP Act alleging multiple misconducts on the part of Respondent No. 1 while the moral code of conduct was in effect and allegedly the same were sufficient for declaring the election of Respondent No. 1 as null and void.
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