SHIV PERSHAD Vs. BADRIVISHAL PITTI

JUDGEMENT

(1.) This is an application to dismiss the election petition No. 3-78.

(2.) The ground on which the election petition has to be dismissed, according to the applicant herein, is that the petitioner in the Election Petition who is "Badrivishal Pitti" has signed only as 'Badrivishal' in the petition and in the copies filed along with the petition. Sec. 83(1) (c) of the Representation of the Peoples Act (43 of 1951) provided that every election petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure for the verification of pleadings. Sec. 81(3) of the Act provides that every election petition and every copy of such, shall be signed and attested by the petitioner under his own signature. It is contended that both these provisions are contravened.

(3.) In the counter affidavit filed by the respondent herein it is stated that he always signs as "Badrivishal" in official documents, income-tax returns, cheques and all official papers. 'Badrivishal' who has signed the election petition is the same as 'Badrivishal Pitti' who is shown in the cause- title to the petition and who contested the election. The objection raised as to the validity of the election petition is not tenable.