SHARAD TRIPATHI Vs. BHISHMA SHANKAR ALIAS KUSHAL TIWARI
LAWS(ALL)-2011-9-37
HIGH COURT OF ALLAHABAD
Decided on
September 21,2011
SHARAD TRIPATHI
Appellant
VERSUS
BHISHMA SHANKAR ALIAS KUSHAL TIWARI
Respondents
Referred Judgements :-
BOVEN,L.J. IN KNOWLES V. ROBERTS [REFERRED TO]MAHADEORAO SUKAJI SHIVANKAR V. RAMRATAN BAPU AND OTHERS [REFERRED TO]
GOVIND SINGH V. HARCHAND KAUR [REFERRED TO]
N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED TO]
JAGAN NATH VS. JASWANT SINGH [REFERRED TO]
K KAMARAJA NADAR MARIAPPAN M R MASANI VS. KUNJU THEIVAR:V R NEDUNCHEZHIYAN:THE ELEPTION TRIBUNAL RANCHI [REFERRED TO]
SUBBARAO VS. MEMBER ELECTION TRIBUNAL HYDERABAD [REFERRED TO]
SAMANT N BALKRISHNA VS. GEORGE FERNANDEZ [REFERRED TO]
SAMANT N BALKRISHNA VS. GEORGE FERNANDEZ [REFERRED TO]
RAJ NARAIN VS. INDIRA NEHRU GANDHI [REFERRED TO]
UDHAV SINGH VS. MADHAV RAO SCINDIA [REFERRED TO]
JYOTI BASU VS. DEBI GHOSAL [REFERRED TO]
ROOP LAL SATHI VS. NACHHATTAR SINGH GILL [REFERRED TO]
CHARAN LAL SAHU NEM CHANDRA JAIN CHARAN SINGH VS. GIANI ZAIL SINGH:GIANI ZAIL SINGH:GIANI ZAIL SINGH [REFERRED TO]
BHAGWATI PRASAD DIXIT GHOREWALA VS. RAJEEV GANDHI [REFERRED TO]
AZHAR HUSAIN VS. RAJIV GANDHI [REFERRED TO]
DHARTIPAKAR MADAN LAL AGARWAL VS. RAJIV GANDHI [REFERRED TO]
ANIRUDHA RAMAKRISHNA KARLEKAR VS. JANKIBAI R BEDEKAR [REFERRED TO]
UNITED BANK OF INDIA VS. NARESH KUMAR [REFERRED TO]
K K MODI VS. K N MODI [REFERRED TO]
V NARAYANASWAMY VS. C P THIRUNAVUKKARASU [REFERRED TO]
HARI SHANKER JAIN VS. SONIA GANDHI [REFERRED TO]
HARKIRAT SINGH VS. AMRINDER SINGH [REFERRED TO]
SATHI VIJAY KUMAR VS. TOTA SINGH [REFERRED TO]
VIRENDER NATH GAUTAM VS. SATPAL SINGH [REFERRED TO]
RAM SUKH VS. DINESH AGGERWAL [REFERRED TO]
ABDUL RAZAK VS. MANGESH RAJARAM WAGLE [REFERRED TO]
K KRISHNA MURTHY VS. UNION OF INDIA [REFERRED TO]
JUDGEMENT
Sudhir Agarwal, J. -
(1.)HEARD Sri U.N.Sharma, learned Senior Advocate assisted by Sri Ravi Shankar Prasad and Sri Chandan Sharma for the applicant-respondent and Sri K.R.Singh for the petitioner.
(2.)THESE are three applications filed on behalf of respondent Bhishma Shankar in Election Petition No. 11 of 2009.
Application No. 48541 of 2010, Paper No. A-14 dated 15.2.2010 is under Order VI Rule 16 of Civil Procedure Code (in short "CPC") for striking off paragraph Nos. 5, 7 to 10,21 to 23 and 25 to 34 of election petition being irrelevant, vague and fictitious.
Second Application No. 48548 of 2010, Paper No. A-16 dated 15.2.2010 is under Order VII Rule 11 CPC praying for dismissal of election petition for non-disclosure of cause of action.
(3.)THE third application No. 48545 of 2010, Paper No. A-15, is under Section 86(1)of Representation of People Act, 1951 (hereinafter referred to as" 1951 Act") for dismissal of election petition for non-compliance of Sections 81 (3) and 86(1) of 1951 Act.
Petitioner Sharad Tripathi contested 15th Lok Sabha General Election from Lok Sabha Constituency No. 62, Sant Kabir Nagar, State of U.P. In the aforesaid election, respondent Bhishma Shankar alias Kushal Tiwari was returned elected having secured 2,11,043 votes while the petitioner was polled 1,81,547 votes. The petitioner lost election by 29,496 votes.
(2.)THESE are three applications filed on behalf of respondent Bhishma Shankar in Election Petition No. 11 of 2009.
Application No. 48541 of 2010, Paper No. A-14 dated 15.2.2010 is under Order VI Rule 16 of Civil Procedure Code (in short "CPC") for striking off paragraph Nos. 5, 7 to 10,21 to 23 and 25 to 34 of election petition being irrelevant, vague and fictitious.
Second Application No. 48548 of 2010, Paper No. A-16 dated 15.2.2010 is under Order VII Rule 11 CPC praying for dismissal of election petition for non-disclosure of cause of action.
(3.)THE third application No. 48545 of 2010, Paper No. A-15, is under Section 86(1)of Representation of People Act, 1951 (hereinafter referred to as" 1951 Act") for dismissal of election petition for non-compliance of Sections 81 (3) and 86(1) of 1951 Act.
Petitioner Sharad Tripathi contested 15th Lok Sabha General Election from Lok Sabha Constituency No. 62, Sant Kabir Nagar, State of U.P. In the aforesaid election, respondent Bhishma Shankar alias Kushal Tiwari was returned elected having secured 2,11,043 votes while the petitioner was polled 1,81,547 votes. The petitioner lost election by 29,496 votes.
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