LAW FOR ALL

Order VII Rule 11 of the Code of Civil Procedure, 1908 the election petition filed by the 2nd respondent herein is liable to be dismissed on three counts: Firstly, on the ground of non-compliance with Section 81(3); Secondly, that the election petition does not reveal a complete cause of action as it does not contain all the material facts necessary to constitute to be the cause of action; and Thirdly, that one Vijay Goel who was also a candidate in the said election is also a necessary party as per the provisions of section 82 of the Act but not impleaded as the respondent. = In the result, I hold that the election petition cannot be dismissed on the ground that Vijay Goel is not made a party. But, in so far as the question whether the election petition is required to be dismissed on the ground that the copy served on the appellant is not the true copy of the original within the meaning of Section 81(3), I remit the matter to the High Court for disposal in accordance with law and in the light of this judgement.