(1.) I.A.No.8/2019 is filed by respondent No.1 under section 86(1) of the Representation of People Act, 1951 (hereinafter referred to as 'RP ACT') seeking dismissal of the Election Petition for non-compliance of provision of section 81(3) of the RP Act and proviso to sub-section (1) of section 83 of the RP Act read with Rule 94A of the Conduct of Election Rules (hereinafter referred to as the 'Rules').
(2.) I.A.No.6/2019 is filed by respondent No.6 under Order 7 Rule 11 r/w. 151 of CPC seeking dismissal of the Election Petition as the same is barred by time as prescribed under section 86(1) of RP Act.
(3.) Respondent No.1 in his affidavit filed in support of I.A.No.8/2019 has averred that the election petition was presented on 26.06.2019 with major and substantial defects like non-payment of court-fees, defective verifying affidavit, defective verification of pleadings, unattested annexures in the copies to the respondents, unattested copies of election petition to be served on the respondents, non-attestation of the copies before Notary, improper marking of annexures and many other major defects as pointed out by the Office in the order-sheet produced at Annexure-R1-37. It is stated that in view of the above defects, the election petition cannot be considered as one filed within the limitation prescribed under section 81(1) of the RP Act. All the office objections were removed only on 25.07.2019 beyond the period of limitation of 45 days and therefore, the election petition is barred by time and is liable to be dismissed in limine.
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