Prayagraj, Jun 15 (PTI) The Allahabad High Court has dismissed a petition challenging the election of BJP MLA Prem Pal Singh Dhangar from Tundla assembly seat of Firozabad in Uttar Pradesh.
The petition was filed by Prem Pal Singh. During the course of the hearing, he moved an amendment application requesting the court to add to the election petition that Dhangar belonged to the Other Backward Castes (OBC) category and not the Scheduled Caste (SC) category. Since Tundla seat is reserved for SCs, Dhangar's election should be declared void, the petitioner said.
Dhangar contended that this would change the nature of the election petition. No material facts can be added after the election petition has been filed and only material particulars can be added, he said.
Dismissing Singh's petition, Justice Rohit Ranjan Agarwal said, "As the petitioner has not disclosed the material facts in his election petition and had tried to subsequently get the election petition amended, therefore, the application moved by Dhangar (first respondent) under order VII Rule 11(a) of Civil Procedure Code for dismissing the election petition for non-disclosure of cause of action stands allowed."
"The election petition fails and stands dismissed for non-disclosure of cause of action," the judge said in the order dated May 30.
The court ordered that this decision be intimated to the Election Commission and the speaker of the Uttar Pradesh Assembly.