LAWS(CHH)-2013-1-65

BRIJMOHAN SINGH Vs. SAROJ PANDEY

Decided On January 18, 2013
BRIJMOHAN SINGH Appellant
V/S
Saroj Pandey Respondents

JUDGEMENT

(1.) The petitioner, a defeated candidate, has filed the election petition under Section 80 /80A read with Section 100 and 101 of the Representation of People Act, 1951 (for short 'R.P. Act') against the election of the respondent as Member of Legislative Assembly in the general elections to the State Legislative Assembly of the Chhattisgarh held in the month of November, 2008. Facts in brief, necessary for disposal of this petition, are as under:

(2.) Upon consideration of the pleadings, this Court framed the following issues:

(3.) This Court, vide order dated 07.12.2009 decided issue No. 1 (1-A, 1-B, 1-C and 1-D) in favour of the petitioner holding the petition is not liable to be dismissed in limine under Section 86 of the Act for alleged non-compliance of the provisions of Section 83(1) or (2) of the Act or its proviso.