- (1.) The petitioner being a registered voter of the Rewari Assembly Constitutency contested election from the said Constituency in the general election for which polling was held on 22-2-2000. Cap. Ajay Singh, respondent herein, was declared elected on account of his having secured the highest votes. The petitioner Vijay Somani polled 21, 112 votes i.e. the second highest number of votes. Being dissatisfied with the election of the respondent, the petitioner filed the instant election petition under S.80, 81 read with Ss. 100 and 123 of the Representation of the People Act, 1951 for setting aside the election of Capt. Ajay Singh i.e. the respondent from the Rewari Assembly Constitutency to the Haryana Lesgislative Assembly.
(2.) Consequent upon the filing of the written statement and the replication, this Court on 15-11-2000 framed the following four preliminary issues :- 1) Whether the Election Petition is liable to be rejected U/O 7 Rule, 11 of C. P. C. having lacking in material facts and particulars in view of the preliminary objections? OPR 2) Whether paras 2 to 6 (A) to (F) of the Election Petition are liable to be struck off the pleadings u/S 6 Rule, 16 of the C. P.C. as no cause of action is disclosed and there is no triable issue made out? OPR 3) Whether the Election Petition is not properly verified in accordance with law? If so, what is its effect ? OPR 4) Whether the affidavit filed with the Election Petition is defective and is not an affidavit in the eyes of law ? If so, what is its effect ? OPR C. M. No. 5-E of 2001 was filed on behalf of the respondent for framing an additional preliminary issue. The aforesaid C. M. was allowed on 17-5-2001, whereupon issue No. 5 was framed as under :- 50 Whether a true copy of the election petition has not been supplied to the returned candidate/ respondent, and if so, with what effect? Issue Nos. 1 and 2 :
(3.) Arguments on issues Nos. 1 and 2 were addressed collectively. The same are accordingly being disposed of together on account of the fact that the subject matter of the aforesaid two issues is the same.;