RAMANLAL SURAJBHAN PREMY Vs. SHIVPRATAP SINGH

JUDGEMENT

(1.) THIS election petition, calling in question the election of the respondent No. 1 Shivpratap Singh to the Madhya Pradesh Legislative assembly from Guna Constituency No. 27, was presented to the High Court on 26-4-1972. The Deputy Registrar (Judicial) who is the person authorised to receive such petitions, made the following endorsement at the time of receiving the petition:

(2.) THE petition was, thereafter, checked by the Office and Reader to the deputy Registrar (Judicial) reported that it was doubtful if the petition could be treated as "properly presented" since it was not presented by the candidate himself but by his counsel, and under sub-section (1) of section 81 of the representation of the People Act, 1951 the election petition could be presented only by the candidate at such election or by an elector.

(3.) THE election petition was placed before Hon'ble Dwivedi, J. on 14-11-1972, drawing His Lordship's attention to the said Office-note. On this day, the petitioner had appeared before the Court personally along with his counsel Shri J. P. Gupta. Their attention was invited to the Office-note and shri Gupta, having been engaged on that very date, asked for ten days's time to make his submissions. The hearing stood adjourned for 29-11-1972. On 29 11-1972, the counsel was heard and the Hon'ble Judge reserved the case for orders. On 14-12-1972, the Judge passed the orders in the following terms: