(1.) Heard on I.A. No.9930/2024. This case is taken up for deciding an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 read with Sec. 86 of the Representation of the People Act, 1951 filed on behalf of the respondent Shri Arif Masood.
(2.) Shri Ajay Gupta, learned Senior Advocate submits that respondent is a duly elected member of Legislative Assembly for the State of Madhya Pradesh from Constituency No.153, Bhopal. It is pointed out that the election petition is liable to be rejected on the ground that it does not meet requirements of sub-sec. (3) of Sec. 81 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"), inasmuch as each of the copies have not been attested by the petitioner under his signature to be a true copy of the petition. Thus, the first ground is that instead of giving hand written signatures of the petitioner, it appears to be a mere photocopy of the original petition filed thereby containing printed signatures of the petitioner.
(3.) It is further submitted that there is violation of the provisions contained in Sec. 83 (1)(a) of the Act which requires that the election petition should contain a concise statement of the material facts on which the petitioner relies.