R.S. Chauhan, J. - (1.) The petitioner has challenged the order dated 27.07.2005 passed by the Additional District Judge No.1, Alwar, whereby, the learned Judge has allowed an application filed under Order 7 Rule 11 of the C.P.C. and has dismissed the election petition filed by the petitioner.
(2.) Brief facts of the case are that on 17.02.2005 petitioner filed an election petition before the learned District Judge No. 1, Alwar against the present respondent Nos. 1 to 3 for declaration of the Gram Panchayat election held on 04.02.3005 for Sarpanch as illegal. In the petition, the petitioner has stated that in the election held on 04.02.205, he submitted his nomination form along with other persons, but the Returning Officer and respondent No. 3 did not follow the rules and regulations constituted for holding election by the Election Commission. Further, 150 valid votes cast in his favour were mixed in the bundle of votes for respondent No. 3. Thus, respondent No.3 was illegally declared as elected in the said election.
(3.) The Returning Officer, Alwar submitted his written statement to the election petition. He denied the allegations levelled by the petitioner. The respondent No. 3 also filed an application under Order 7 Rule 11 of the C.P.C. wherein he claimed that the petitioner did not give any specific instance and did not take any specific grounds for challenging the election. After hearing both the parties, vide order dated 27.07.2005 the learned Judge dismissed the election petition. Hence, this petition before this Court.;