Representation of People Act, 1951–Sec. 83–Code of Civil Procedure, 1908–Order 7, Rule 11–Election petition–Application under Order 7, Rule 11 with the specific averments that no cause of action is made out for filing the election petition–Allegation that there is a discrepancy in the income and value of articles and jewellary as furnished in the affidavit, furnished by respondent nos. 1 & 2, is found false–Further, the election-petitioner is neither the candidate who received a majority of valid votes nor he pleaded that any vote had been obtained by the returned candidate by corrupt practice–He therefore, can even otherwise be not declared to be elected in terms of Sec. 101 of the Act–Furthermore, the nomination forms of the other candidates having been accepted and has not been rejected by the Returning Officer would also of no consequence–Election petition deserves to be dismissed by allowing the application under Order 7, Rule 11.
