TRINATH BEHERA Vs. RAMA CHANDRA SETHY

JUDGEMENT

(1.) This Misc. Case arises out of Election Petition No. 9 of 1995 at the instance of respondent No. 1 praying to take up the Issue No. 9 as a preliminary issue.

(2.) The petitioner has filed the election petition challenging the election of the respondent No. 1 to the Orissa Legislative Assembly from 74 (S.C.) Gopalpur Constituency in the election held on 9-3-1995 on the grounds that the respondent No. 1 adopted corrupt practices during that election as enumerated in the election petition. The respondent No. 1 on receiving the notice along with copy of election petition filed his written statement contending, inter alia, that the election petition as laid is not maintainable both on facts and in law; there has been no compliance of the requirements of Sections 81, 82 and 117 of the Representation of the People Act, 1951 the election petition is defective the same having not been properly attested; the petition is not in proper form and that the affidavit in support of allegation of corrupt practices are not in order inasmuch as no specific date, time and name of person and source of information/knowledge have been indicated therein.

(3.) On the pleadings of the parties, this Court framed nine issues for determination. Out of the issues framed, Issue No. 9 which forms the subject matter of consideration in this Misc. Case runs as follows:-"Whether the allegations of corrupt practice can be struck off for non-compliance of the provisions of Section 83 of the R.P. Act."In this Misc. Case the respondent No. 1 has prayed to take up issue No. 9 as a preliminary issue. The case of the respondent No. 1 is that in view of sub-section (3) of Section 81 and proviso to Section 83(1)(c) it is imperative that the election petition containing allegation of corrupt practice shall also accompany with an affidavit in support of the allegation of such corrupt practices and the particulars thereof in form 25 as stipulated under Rule 94-A of Conduct of Eduction Rules, 1961. It is therefore, contended that for non-compliance of such provisions which are mandatory in nature, the allegations about corrupt practices made in the election petition should be struck off.