MD.ALAUDDIN KHAN vs KARAM THAMARJIT SINGH

The Supreme Court held that the application under Order VI Rule 16 of the Code of Civil Procedure, seeking to strike out paragraphs from the written statement of the elected candidate, was incorrectly granted by the Learned Single Judge. The Court emphasized that the election petitioner did not seek a declaration of himself or any other candidate as elected under Section 101 of the Representation of the People Act, 1950. Consequently, the Court ruled that the application should have been dismissed, allowing the elected candidate to present his defense regarding the validity of votes cast.