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Allahabad High Court
Sharad Tripathi vs Bhishm Shanker Alias Kushal … on 29 January, 2010
Court No. - 36

Case :- ELECTION PETITION No. - 11 of 2009

Petitioner :- Sharad Tripathi
Respondent :- Bhishm Shanker Alias Kushal Tiwari & Others
Petitioner Counsel :- In Person,K.R. Singh
Respondent Counsel :- Ravi Shanker Prasad

Hon'ble Prakash Krishna,J.

Heard learned counsel for the parties.

The following issues are framed:-

1. Whether the result of the election, in so far as it concerns the respondent
no.1, was materially affected by improper reception of votes in favour of
respondent no.1 and other candidates and improper refusal of votes of
petitioner?

2. Whether the result of the election, in so far as it concerns the respondent
no.1, was materially affected by non compliance of the provisions of the R.P.
Act, 1951 and the Rules and Orders made thereunder and the directions issued
by the Election Commission?

3. Whether the petitioner, in the case, has received the majority of valid votes,
is entitled to be declared elected as Member of Lok Sabha ?

4. To what relief the petitioner is entitled ?

The replication filed today may be taken on record.

The documentary evidence on behalf of the petitioner has been filed in two
Volumes – 1 and 2.

The respondents may file evidence, if any, in rebuttal within two weeks. List
thereafter.

(Prakash Krishna, J.)

Order Date :- 29.1.2010
LBY


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