RATHORE, J. - (1.) THE present election petition has been filed by petitioner Sanjay Gurjar under Section 80- A r/w Section 100 (b) & (d) (ii) of the Representation of People Act, 1951 (for short 'the Act of 1951') challenging the election of respondent No. 1 Shri Dushyant Singh from the Parliamentary Constituency (15) Jhalawar, result of which was declared on 13. 5. 2004 and respondent No. 1 Shri Dushyant Singh was declared elected as Member of Parliament.
(2.) BRIEF facts of the case are that the petitioner filed his nomination papers as a candidate of Indian National Congress Party, respondent No. 1 Shri Dushyant Singh filed his nomination papers as a candidate of Bhartiya Janta Party, respondent No. 2 Shri Ratan Lal filed his nomination papers as a candidate of Bahujan Samaj Party and the respondent No. 3 Shri Jakir Hussain filed his nomination papers as an independent candidate to contest the elections of Parliament from Jhalawar Parliamentary Constituency As per the election calender notified by the Election Commission, the date of polling was fixed as 5. 5. 2004 and the date of counting of the votes and declaration of the election result was fixed as 13. 5. 2004. After scrutinising the nomination papers, all the above four candidates i. e. the petitioner and respondent Nos. 1, 2 and 3 were declared eligible to contest the election from the Parliamentary Constituency of Jhalawar The result of the election of Jhalawar Parliamentary Constituency (15) was declared on 13. 5. 2004 and as per the result, the returned candidate respondent No. 1 Shri Dushyant Singh was declared elected. The final result sheet was published under Rule 56 (ga) 2 (ga) and the result was in the prescribed form (under Section 66 of the Representation of People Act, 1951) and as per the final result sheet, respondent No. 1 Shri Dushyant Singh secured 3,03,845 votes, respondent No. 2 Shri Ratan Lal secured 16,336 votes and respondent No. 3 Jakir Hussain secured 25,164 votes in their favour whereas the petitioner secured 2,22,266 votes. The present election petition has been preferred by the petitioner on the ground that since beginning that is just after publication of the programme of election by way of notification by the Chief Election Commissioner of India, during the course of canvassing and thereafter during the course of polling on 5. 5. 2004 and on the date of re-polling i. e. 7. 5. 2004, the returned candidate respondent No. 1 Shri Dushyant Singh, his election agents, his mother Smt. Vasundhara Raje Scindia, the Hon'ble Chief Minister of State of Rajasthan have adopted corrupt practices in the interest of returned candidate respondent No. 1 Shri Dushyant Singh and in spite of various complaints by the petitioner, his agents, his party leaders as well as the polling agents though re-polling was ordered by the Election Commission but only for thirteen polling booths, whereas such corrupt practice was adopted by the returned candidate, his mother and his election agents at all the polling booths. It is alleged that there was continuous misuse of the government machinery by the ruling Bhartiya Janta Party for canvassing of the returned candidate, who is son of the Hon'ble Chief Minister of the State of Rajasthan. It is also alleged that there were incidents of booth capturing by the Bhartiya Janta Party workers and also supplied liquor to the voters just before a day of polling and about 900 bottles of liquor were recovered by the police from the factory premises belonging to Bhartiya Janta Party's leader Shri Satish Gupta. To this effect, the petitioner also made several complaints to the Chief Election Commissioner. After alleging allegations of corrupt practice, the petitioner by way of the instant election petition has prayed that election of respondent No. 1 Shri Dushyant Singh as Member of Parliament from the Parliamentary Constituency of Jhalawar (15) be declared illegal and void on account of corrupt and mal practices adopted in the interest of the returned candidate by returned candidate himself, his election agents, workers of Bhartiya Janta Party as they were under the influence of the mother of the returned candidate, the Hon'ble Chief Minister of the State of Rajasthan Smt. Vasundhara Raje Scindia.
(3.) ON behalf of returned candidate (respondent No. 1) Shri Dushyant Singh two applications have been filed; one under Order 6 Rule 16 and another under Order 7 Rule 11 of the Code of Civil Procedure. By way of application under Order 6 Rule 16 CPC moved on behalf of the returned candidate respondent No. 1 Shri Dushyant Singh, the relief has been claimed that the offending portion in paragraphs 2, 3, 3 (1), 3 (2), 3 (3), 3 (4), 3 (5), 4, 6, 7 and 8 of the election petition may kindly be struck out or in the alternative this Court may kindly direct the petitioner to suitably amend the election petition before commencement of further proceedings in the election petition filed by the petitioner. In response to the application under Order 6 Rule 16 CPC, the petitioner has not filed any reply and without filing any reply the petitioner only wants to submit the legal submissions to the application under Order 6 Rule 16 CPC. Another application has been moved on behalf of the returned candidate respondent No. 1 under Order 7 Rule 11 CPC claiming relief to reject the election petition under Order 7 Rule 11 CPC mainly on the ground that no cause of action is made out and no triable issue arises from the pleading and as such the trial of the election petition would be only a vexatious and futile exercise. ;