SHAMS KHWAJA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This election petition, calling in question the election to the Legislative Assembly Constituency No. 29, Kotdwara State of Uttaranchal held on 14-2-2002 came up today before me. The petitioner, voter of Kotdwar legislative constituency No. 29 of Uttaranchal State unsuccessfully contested the election held in February 2002 and lost it to the respondent No. 2. Disappointed at the result but a busy and active social worker on his own showing, he instituted this Election Petition through a 'special messenger' by sending it to the Registrar of the High Court along with letter which reads as under :

(2.) The Registrar while placing it before the Hon'ble Chief Justice for nomination of a Judge for the trial of the election petition noted that the petitioner was not present himself before the Registrar of the High Court and the petition was presented through special messenger whose name is Ajay Kukreti S/o Sri Nand Kumar, R/o Dhanesh Farm, Kotdwara (District-Pauri). The security as per rule was to be deposited in the Account Section of the High Court but the security was deposited through Bank Draft worth Rs. 2.250.00 and the affidavit has been sworn before the Oath Commissioner. Delhi High Court. The note of the Registrar and the nomination of the Hon'ble Chief Justice is as under :-

(3.) The question before this Court at the threshold is as to whether the present election should be dismissed under sub-section (1) of S. 86 for non-compliance of the provisions of S. 81 of the Representation of the People Act 1951 (hereinafter referred to as the Act).