SHIPRA JHAMMAKLAL Vs. SHANTI LAL KHOIWAL:LAXMINARAYANPANDE

JUDGEMENT

(1.) SINCE the question involved is common to all the appeals, they are disposed of together.

(2.) THE first appeal, viz., C.A. No. 6359 of 1994 arises from the judgment dated 30/08/1994 of a Division Bench of the Rajasthan High Court made in Election Petition No. 6 of 1994. THE appellant's nomination from Constituency No. 1, viz., Rajasmand, reserved for Scheduled Castes for 10th Legislative Assembly of the Rajasthan State was rejected on the ground that appellant does not belong to Scheduled Caste. THE respondent's election, after poll, was challenged by the appellant on the ground that the respondent had committed corrupt practices. After service of the notices, the respondent raised preliminary objections contending, inter alia that copy of the notice together with the affidavit in support of the election petition, i.e., Annexures 5 and 6, served on him, did not contain the verification by the notary; hence the election petition was not maintainable in accordance with Section 83 (1) (c) of the Representation of the People Act, 1951 (for short, the 'Act'). THE objections found favour with the High Court which accordingly dismissed the election petition by the impugned order dated 30/08/1994.

(3.) IN Civil Appeal No. 200 of 1993, the respondent was declared elected to the Lok Sabha from the Parliamentary Constituency of Mandsaur in Madhy Pradesh. The appellant, an elector, filed Election Petition No. 9 of 1991 challenging the election of the respondent imputing corrupt practices to have been committed by him. The copy of the affidavit supplied to the respondent did not contain the verification by the notary or Oath Commissioner. When preliminary objection was raised by the respondent, the learned single Judge of the High Court of Madhya Pradesh upheld the same and dismissed the election petition.