ALOK SHARMA,J. - (1.) Heard the counsel for the petitioner-election petitioner (hereinafter 'EP') as also the respondent-returned candidate (hereinafter 'RC') and perused the impugned order dated 16.04.2016 whereby the RC's application under Order 7, Rule 11 CPC in the election petition filed by the EP was allowed.
(2.) Ms. Naina Saraf appearing for the EP submitted that a bare perusal of the election petition indicates that it was founded upon the allegation that the class-VIII mark sheet of the RC was forged and fabricated, for the reason that it was incomplete, did not indicate the period during which the RC studied at the Adarsh Public School, Rajpur Bada by which it was purportedly issued rendering it open to question. Even otherwise it was ex-facie suspect for the reason that the said school was at a distance of 100 kms from the village Sahadi where at the relevant time RC resided. Ms. Naina Saraf submitted that the averment in the petition thus set out sufficient material facts in support of the EP's allegations of the RC having contested the election to the post of Sarpanch on a forged and fabricated mark-sheet. A complete cause of action was therefore made out. She submitted that the dismissal of the election petition by resort to Order 7, Rule 11 CPC in the circumstance was wholly illegal and unjustified.
(3.) Mr. Anil Agarwal counsel for the RC has supported the impugned judgment. Heard. Considered.;