PODIPIREDDY ATCHUTA DESAI Vs. CHINNAM JOGA RAO

JUDGEMENT

(1.) This application is filed by the 1st respondent in the Election petition (returned candidate), for trying two preliminary issues before the commencement of trial. The issues so asked io be tried are: Issues Nos. 6 and 7, which read as follows:-

(2.) I will take up issue No. 6 first. The contention of the 1st respondent is that the election-petition is liable to be dismissed in limini under section 86 (1) of ths Representation of the People Act, 1951 (hereinafter referred to as "the Act"), for non-compliance with the provisions of sections 81 and 8 3 of the Act. It is submitted that copies of the certified extract of Birth Register and School Certificate, which are mentioned as annexures to the election petition in paragraph 9, are not served upon the 1st respondent. Similarly, the brochure, posters and the photograph referred to in paragraph 15 of the election-petition have also not been served upon ths 1st respondent, nor has he been served with the wall-poster referred to in paragraph 15 of the election-petition. It is contended that these documents form part of the election-petition and are, therefore, required to be signed and verified in the same manner as the election-petition, and copies thereof are also required to be served upon the respondents along with the copy of the election-petition. Failure to do so, it is contended, renders the election-petition liable to be dismissed in limine, under section 86 (1).

(3.) The clection-petitioner has filed a counter to this application. According to him, the above mentioned documents do not form an integral part of the election-petition, but merely constitute evidence of the allegations made therein and, therefore, are not required to be signed and verified in the manner of an eletion-petition, nor are the copies thereof required to be served upon the respondents along with the copy of the election-petition.