(1.) By way of this application under Section 151 of the Code of Civil Procedure read with Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as the Act ), the respondent No.1 prays for dismissal of the petition as not maintainable in view of non-compliance of the provisions of Sections 81 and 83 of the Act.
(2.) It is stated in the application that the petitioner has failed to supply a complete set of papers alongwith the petition to the respondent No.1. It is further stated that the counsel for the respondent No.1 appeared before the Court on 20.05.2009 and requested the counsel for the petitioner to supply the complete set to enable him to file reply to the petition. The counsel for the petitioner held out an assurance that the complete set would be supplied the same day. However, a set of the petition alongwith the annexures was supplied to the counsel for the respondent No.1 on 6.7.2009, but even this copy was not complete and not a true copy of the petition filed in this Court. Thus, Set No.1, which was received with the notice and Set No.2, which was received on 6.7.2009, were both not complete and did not tally with the original. On inspection of the Court records, the following deficiencies were found in both the sets:-
(3.) It is further alleged in the application:-