M.N. Bhandari, J. - (1.) Aggrieved by the order dated 14.102010, this writ petition has been filed. Petitioner made an application under Order 7 Rule 11(d) of C.P.C. for dismissing election petition.
(2.) It is stated that respondent No.3 Kumari Monica had not attended the age of 21 years to become eligible to contest election. Since, she was ineligible, thus cannot maintain election petition. The Court below dismissed the application after holding that the issue aforesaid needs to be decided after evidence being a question of fact.
(3.) Learned counsel for petitioner submits that once election petitioner was not entitled to contest the election, it is not legally permissible to maintain election petition by her. Accordingly, election petition may be dismissed by accepting application so preferred by the petitioner.;