Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Municipal Election Rules, 1994–Election petition–Application under Order 7, Rule 11 on the ground that the election-petitioner is only ward member and he cannot challenge the election of chairman and ward member in a joint election petition–Dismissal of application–Appreciation of–View of District Judge that the prayer for the cancellation of ward member is a consequential relief–Further, view that the issues/objections raised in the application can only be decided after the evidence of both parties as the objections are the mixed questions of facts and law–Issues of delay and proper court fees are to be decided after framing the issues–Only averments made in the election petition are required to be considered while dealing with the application–Election petition cannot be rejected in part–Held, the application was rightly rejected.
