KHURAIJAM LOKEN SINGH Vs. OINAM LUKHOI SINGH

JUDGEMENT

(1.) Heard Mr S. Biswajit, learned senior counsel assisted by Ms. Ishori, learned counsel appearing for the applicant and Mr. Ajoy Pebam, learned counsel appearing for the respondent No. 1. None appeared for the respondent No. 2.

(2.) The present application had been filed with the prayer for dismissing the connected Election Petition No. 19 of 2022 on the following grounds:-

(3.) Mr. S. Biswajit, learned senior counsel appearing for the petitioner submitted that the affidavit accompanying the copy of the election petition furnished to the applicant did not bear any attestation including seal, affirmation and signature of the Oath Commissioner, hence, the said copy of the election petition served to the applicant cannot be said to be a true copy of the election petition filed before this court. The learned senior counsel further submitted that the said affidavit filed in support of the pleadings made in the election petition should be attested and verified by an Oath Commissioner and thereafter, a true copy of the same should be served to the respondents otherwise the election petition is liable to be dismissed for non-compliance of the provision of Sec. 81 of the Representation of People Act ("RP Act" for short). In support of his contention, the learned senior counsel relied on the judgment rendered by the Hon'ble Apex Court in the case of "Harcharan Singh Josh Vs. Hari Kishan" reported in (1997) 10 SCC 294 wherein the Hon'ble Apex Court held as under:-