PREM PAL SINGH Vs. AVNISH KUMAR SINGH

JUDGEMENT

(1.) By means of instant application No.A11 dated 12th/ 29/07/1994, under Section 86(1) of the Representation of the People Act, 1951, hereinafter called the Act, the contesting respondent No.1 urges the Court to inflict upon the petitioner extreme penalty of dismissal of his election petition for the alleged non-compliance of the mandatory provisions contained in Section 81(3) of the Act.

(2.) On 28th Novermber, 1993, the respondent No.1 was declared elected as Member of the Uttar Pradesh Legislative Assembly from Dataganj Assembly constitutency No.47 in the district of Budaun.

(3.) The petitioner, one of the candidates who lost the election, has filed the present election petition calling in question the election of the respondent No.1 under Section 81 read with Section 80 of the Act on the following two grounds:-