JAI BHANSINGH PAWAIYA Vs. MADHAVRAO

JUDGEMENT

(1.) I. A. No. 864/99 :1. This is an application filed by the respondent No. 1 seeking dismissal of the election petition asserting that the petitioner was required to present the election petition in English language only and since it has been filed in Hindi language, it was not in accordance with law, the election petition deserved to be dismissed.

(2.) On 5-2-1999, a learned single Judge of this Court to whom the election petition stood assigned under Section 86(2) of the Representation of the People Act, 1951, after hearing the counsel for the contesting respondent had granted time to the counsel for the petitioner as prayed for to file the objections.

(3.) A reply to the aforesaid application containing the objections was filed on 10-3-1999 asserting that there was no provision in the Representation of the People Act and the Rules framed thereunder requiring that an election petition should be filed in any particular language. It was further asserted that in the absence of any provision in the Act or rules, the non-compliance of Rule 2(b) of the High Court Rules could not be a ground for the dismissal of the election petition. Reliance was placed in this connection on an order passed in Election Petition No. 9 of 1980 (Devilal s/o Shriram Khadav v. Kinkar Narmada Prasad) decided by a learned single Judge of this Court at Indore Bench on 21-2-1981.