The Code of Civil Procedure, 1908  - Order VII Rule (11) , Representation of People Act, 1951  - Section 33 , Section 181

Election as a member of Parliament - Nomination paper of respondent rejected on the ground that name of subscriber did not exist in the voters list and thus he was not entitled to subscribe - Respondent thereafter filed Election petition against elected candidate (Appellant) on the ground that his nomination paper was wrongly rejected by the Returning Officer - Appellant sought rejection of election petition under Order 7 Rule 11 C.P.C. - Held, it was no ground to reject the election petition - Question whether said Subscriber was eligible to subscribe to the nomination paper of the Respondent is a question which can only be decided on evidence.

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