SHANT KUMAR JAISWAL Vs. NAND KUMAR PATEL

JUDGEMENT

(1.) This order shall govern the disposal of I. A. No. 2602/2004 filed on behalf of respondent No.1-Nand Kumar Patel, the returned candidate, for dismissal of the election petition for non-compliance of the mandatory provisions of law i.e. proviso to Section 83 read with Rule 94-A of the Conduct of Election Rules 1961 for not filing the affidavit in Form-25 as prescribed under above Rule 94A of the Conduct of Election Rules, 1961.

(2.) By way of this election petition the petitioner has called in question the election of respondent No. 1 herein as Member of Legislative Assembly of Chhattisgarh from the Constituency No. 18-Kharsiya, which was held on 1-12-2003 and the result was declared on 4-12-2003. The petitioner herein was the independent candidate whereas respondent No. 1, who won the election, was the candidate of Indian National Congress party. The petitioner herein has questioned the election of respondent No.1 on the ground of corrupt practices as mentioned in Paragraphs No. 8 & 11 and stated that said practices come within the meaning of Section 123 (4) & (5) of the Representation of the People Act, 1951 (hereinafter shall be referred as 'Act of 1951). Paragraph No.8 of election petition which relates to publication of pamphlets is reproduced herein below :-

(3.) In the application filed on behalf of respondent No. 1 for dismissal of election petition it has been mentioned that the affidavit filed in support of the election petition does not satisfy the requirement of Form- 25 prescribed under Rule 94A of the Rules of 1961 & and it has been prayed that therefore, the ejection petition of the petitioner be dismissed.