HARCHARAN SINGH JOSH Vs. HARI KRISHAN

JUDGEMENT

(1.) This is an election petition under Section 80 of the Representation of the Peoples Act, 1951 (Act, for short) challenging the result of the election of the Member of the Legislative Assembly of Sadar Bazar Assembly Constituency Delhi.

(2.) The following preliminary issues have been framed : Whether the petition has been filed within the prescribed period of limitation ? 2. Whether the petition has been properly presented ? 3. Whether the petition and Annexures are properly verified ? Whether the petition was not accompanied by requisite number of true copies and hence is liable to be rejected for non compliance with Sec. 81(3) of the RPA Act, 1951 ?

(3.) Facts relavant to the decision of each of the issues will be noticed at their appropriate places. Suffice it to notice here that the result of the election was announced on 28th November, 1993. The petition was filed on 11th January, 1994. The usual rubber stamp was affixed at the filing counter which reads "filed today. Filing No. 566.11 JAN 1994. Deputy Registrar". The endorsement does not disclose who had physically handed over the petition at the filing counter whether it was the petitioner or the Counsel or the petitioner accompanied by the Counsel.