GANGARAM BENDIL Vs. RASHMI PARIHAR

JUDGEMENT

(1.) This Letters Patent Appeal by the returned candidate is directed against an order passed on 18-8-1986 by the learned single Judge of this Court in a pending Election Petition No. 23 of 1985.

(2.) The respondent No. 1 challenged the election of the appellant as a member of the Legislative Assembly of the State of Madhya Pradesh from No. 16, Lashkar East constituency in the election held in 1985 on the ground of corrupt practice. After service of notice of the election petition, the appellant filed his return and, inter alia, raised an objection about the maintainability of the petition on the ground that "the affidavit is an integeral part of the petition and a true copy thereof duly attested under the signatures of the petitioner has to be served on the respondents. But the petitioner has not served a true copy-of the affidavit on the Answering Respondent. As such the petition is liable to be dismissed summarily under S.81 read with S.86 of the Act." On the basis of this objection, following issue was framed, tried and decided as a preliminary issue against the appellant by the impugned order of the learned single Judge :-

(3.) In view of a full Bench decision of this Court in Laxmi Narain v. Ramratan. 1986 Jab LJ 238, it was not disputed that a letters patent appeal against an interlocutory order, amounting to judgement within the meaning of Cl.10 of the Letters Patent, passed in an election petition by a single Judge is competent. It was, however, submitted by Shri P.L. Dubey the learned counsel for the election petitioner did not amount to 'judgement' within the meaning of Cl.10 of the Letters Patent and therefore the appeal was incompetent. Several authorities were cited in support of the contention, but we do not propose to decide the preliminary objection about maintainability of the appeal, or to deal with various cases cited on either side and proceed to decide the appeal on merits.