LAWS(MPH)-2007-9-55

KANKAR MUNJARE Vs. GAURISHANKAR

Decided On September 26, 2007
KANKAR MUNJARE Appellant
V/S
GAURISHANKAR Respondents

JUDGEMENT

(1.) THROUGH this Election Petition filed under section 80-A read with section 81 of The Representation of People Act, 1951 (for short 'the Act')the petitioner a defeated candidate has challenged the election of the returned candidate (first respondent ). In the petition corrupt practices under section 123 (1)of the Act are alleged.

(2.) BRIEFLY stated, the petitioner and the first respondent contested the election for Lok Sabha Constituency No. 12, Balaghat held on 5-5-2004. The counting of the votes was held on 13-5-2004. The first respondent was declared elected by the Returning Officer of Balaghat Parliamentary Constituency. Feeling aggrieved, the petitioner has filed this Election Petition. In the petition the petitioner has alleged corrupt practices mainly basing upon the news published in the News Paper 'c-Times' and 'jabalpur Express'. The allegations about distribution of liquor and money is based upon the information received from the residents of the villages which he stated be examined by the Court. Many other allegations are levelled which are against the Returning Officer and the Police officials. An allegation of bogus voting is also levelled.

(3.) ON being noticed the first respondent filed an application LA. No. III (4/2005) under section 86 of the Act read with Order 7 Rule 11 of the Code of civil Procedure (for short CPC) praying for dismissal of the petition on the grounds that the petition is lacking material particulars, it does not disclose any cause of action and is not supported by an affidavit in Form 25 prescribed under conduct of Election Rules, 1961 (for short Rules ). It is also stated by the first respondent in the application that the alleged corrupt practice has not been stated as required under section 83 (1) (b) of the Act. According to the first respondent in the absence of disclosure of full particulars of the corrupt practice and cause of action no triable issue exists in the petition, therefore, the petition is liable to be dismissed at the threshold.