NARAYAN Vs. SHAMJIBHAI

JUDGEMENT

(1.) This Order shall dispose of the following issue :- Whether the petition is not maintainable for want of proper verification of the petition and the supporting affidavit (O.P.R. 1).

(2.) The above issue arose in the following circumstances: The petitioner who was a candidate at the general elections to the Legislative Assembly of Goa, Daman and Diu from 30-Diu Assembly Constituency having been defeated challenges the election of respondent 1, for short returned candidate, on the grounds that the returned candidate committed corrupt practices. Apart from seeking a declaration that the election of the returned candidate is void he also seeks an order for a declaration that he has been duly elected from that Constituency. The allegation of corrupt practices as contained in para 5(1) relates to bribery. Paras 5(2) and 5(3) are in relation to corrupt practice of undue influence and para 5(4) relates to other corrupt practices. While verifying this petition it has been however stated by the petitioner that what is contained in these paras 5(1), 5(2), 5(3) and 5(4) is stated on information received and believed to be true. The petition is duly supported by an affidavit of the petitioner sworn before the Court of the Judicial Magistrate F.C. which again mentions that the statements made in paras 5(1), 5(2) and 5(3) in relation to the corrupt practices is true to his information.

(3.) The returned candidate in his defences filed to the petition has in para 1 raised an objection to the effect that neither the petition nor the Affidavit filed by the petitioner in relation to the averments relating to corrupt practices have been verified in the manner laid down in the Civil P.C. 1908 and the Rules regulating such petitions inasmuch as the petitioner has failed to mention the sources of information. In the absence of disclosures of sources of information it was urged that the petition is liable to be dismissed at the very threshold and it is in this way that Issue No. 1 was pressed to be heard as a preliminary Issue.