PANKAJ SANGHVI Vs. SHANKAR LALWANI

JUDGEMENT

(1.) Heard on I.A.No.9524/2019, which is an application filed by the respondent Shankar Lalwani under Order 7 Rule 11 of the C.P.C. read with Sec. 100 (2) Representation of People's Act, 1951 (hereinafter referred as the Act of 1951) for dismissal of the Election Petition.

(2.) The aforesaid application has been filed by the respondent alleging that the Election Petition is liable to be dismissed as it has been filed beyond the period of 45 days as prescribed under Sec. 81 of the Act of 1951. It is submitted that the result of the Parliamentary election of 2019 were declared on 23/5/2019; whereas the election petition was presented before this Court on 8/7/2019, which is on 47th day. It is also submitted that there is non-compliance of mandatory provisions of Sec. 83 (1) (c) of the Act of 1951, as proper affidavit has not been filed in support of the Election Petition and in fact two affidavits have been filed which is not the requirement of the law and thus, on this account also, the petition is liable to be dismissed.

(3.) It is also alleged that there is non-compliance of mandatory provisions of Sec. 81(3) of the Act of 1951, as the identical copy of the petition has not been supplied to the respondent as the copy of the petition is not signed by the petitioner on each page and every page and it has not been attested as the true copy of the petition.