BABU RAO Vs. BASAVARAJ

JUDGEMENT

(1.) Heard arguments on both sides.

(2.) The brief facts that led to the filing of the present election petition are as under:

(3.) As against this, the respondents have filed detailed objection statement denying the averments in the election petition. According to them, the very relief sought against tue respondent No.l is not maintainable in law and on facts as the election petition-has not been filed in accordance with the provisions of section 100 of the Act, therefore, it is not maintainable. Sections 80 and 81 of the said Act are relevant. Sub-section (1) of section 100 is very relevant. The provisions of sub-section (3) of section 81 was not complied as the election petition was not accompanied with as many copies as the respondents mentioned in the petition and they shall all be attested in his own signature. The concise statement of material facts alleging the corrupt practice has to be made while disclosing the ground for corrupt practice. He also has to give the full statement of the names of the parties who committed the corrupt practices. The petition has to be filed and verified in the manner provided under Code of Civil Procedure as contemplated under section 83 of the said Act but the same was not done. No prescribed form in support of the allegations is made and Form No. 25 is the prescribed form for the purpose of complying with the provisions. The petition was not accompanied by the affidavit in the prescribed form.