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Narayan Jhanwar vs. Sunil Jhanwar & Anr.

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Rajasthan Municipalities Election Petiton Rules, 2009–Rules 3 & 7–Code of Civil Procedure, 1908–Order 7, Rule 11–Election petition with the averments that the nomination form of the plaintiff was illegally rejected because of which, the election of returned candidate has been materially effected–Application under Order 7, Rule 11 with the submission that the election petition does not reflect any cause of action in terms of Rule 3–Rejection of application–Instant writ petition–Improper rejection of nomination form of the election-petitioner and improper acceptance of the returned candidate have been clearly averred in the election petition so as to satisfy the requirements in terms of Rules 3 of Rules of 2009–Election petition is maintainable as the plaintiff is the candidate whose nomination was rejected, he is entitled to lay the election petition, ground of rejection of his nomination has been raised in the election petition and Rule 7 of Rules of 2009 does not even provide for any relief qua the question of the nomination form of any candidate–Held, application was rightly rejected.