SAHAB SINGH PATEL Vs. SHASHI PRABHA

JUDGEMENT

(1.) THIS order shall govern decision of preliminary issues.

(2.) IN this petition, under Section 80 read with S. 81 and S. 100 of the Representation of the People Act, 1951 (for brevity ?the Act?), election of the returned candidate viz. the respondent to the udaipura Legislative Assembly Constituency has been challenged inter alia on the ground of corrupt practices. The corresponding notice was served on Durgesh, the son of the respondent, on 18. 05. 2007. Thereafter, on 13. 08. 2007 along with written statement, the respondent filed an application, under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as ?the code?) read with Section 86 of the Act, for rejection of the election petition due to non-compliance with various statutory requirements. However, taking into consideration the nature of objections and the legislative mandate contained in Section 86 (7) of the Act to conclude election trial within a specified period, vide order-dated 10. 01. 2008, direction was given to treat the objections raised by the respondent in her written statement and re-projected in the application as preliminary issues. Accordingly, the following questions were framed. The corresponding answer is noted against each one of them : no. Issue Finding

(3.) ACCORDING to the respondent, the copy of the petition, as supplied to her, is neither attested nor verified as true copy by the petitioner. For this, attention has been invited to the fact that amongst the copies of the petition and affidavits annexed thereto, the certification ?t. C. ? is available only on the photocopy of the affidavit in Form 25, appended to the Conduct of the Election Rules, 1961 (for short ?the Rules? ). However, the fact of the matter is that the petition was entertained only after perusing the report of the officer of the Registry to the effect that it was found free from any noticeable defect. The relevant Rule made by this Court, in exercise of the powers conferred by Article 225 of the Constitution of India, reads : Every