In Brief
In this election dispute, the respondent filed an election petition challenging the appellant's election. The appellant sought rejection of the petition under Order VII Rule 11 of the CPC, initially through an affidavit, later through a formal application. The High Court deferred the application to the final hearing stage, citing lack of diligence. The Supreme Court held that a court must dispose of rejection applications before proceeding with trial. While the appellant was entitled to file such an application before filing a written statement, the Court found the application lacked merit, rejected it on substantive grounds, but permitted the appellant to file a written statement given the procedural irregularities that had occurred."
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