KUSHALCHAND Vs. HARLAL

JUDGEMENT

(1.) THIS case comes up today for arguments on the preliminary objections filed by the respondent No. 1 Harlal on 6-12-1977 to the effect that the petition is liable to be dismissed on the ground of non-compliance with the provisions of section 81 (3) read with Section 86 (1) of the Representation of the People Act, 1951.

(2.) THE short facts necessary for disposal of the objections may be stated as follows:--The respondent No. 1' Harlal was declared elected as a member of the Madhya pradesh Legislative Assembly from Sadora Constituency in the elections held on 15th June 1977. The petitioner Kushalchand was one of the candidates and since he was defeated in the elections, he filed the election petition on 29-71977, inter alia, on the ground of corrupt practices alleged to have been committed by the respondent No. 1. The relevant paragraph in the election petition dealing with the corrupt practices in para. 19 reads as under :--

(3.) ONE printed leaflet marked Annexure '1' was submitted along with the original petition. Mr. A. B. Mishra, learned counsel for the petitioner, has stated before me that it was inadvertently marked Annexure '1' but this is the pamphlet referred to in the petition as 'annexure A',