GADAM ETE Vs. DUTER PADU

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned Counsel for the applicant/returned candidate and also heard Mr. S. Shyam, learned Counsel, appearing for and on behalf of the opposite party/election petitioner.

(2.) This application has been filed under Section 86 of the Representation of the People Act, 1951 ("RP Act", in short) praying for dismissal of the Election Petition for non-compliance of the provisions of Section 81 of the said Act. The opposite party/election petitioner filed the Election Petition No. 01 (AP) 2010 challenging the election of the applicant to the Arunachal Pradesh Legislative Assembly from 30-Along West (ST) Legislative Assembly Constituency in the election held on 13-10-2009. The election petition was filed on 2nd February, 2010 in the Principal Seat of this Court, which was registered as E.P. No. 03 of 2009 and by an order dated 14-12-2009 notice was issued fixing 6th January, 2010 for appearance and filing written statement. Subsequently, the Election Petition was transferred to this Bench for adjudication. On being transferred from the Principal Seat, it has been renumbered as E.P. 01 (AP)/2010.

(3.) The applicant/respondent received the notice along with the copy of election petition. In this application, the applicant has taken an objection to the effect that copy of the election petition served upon him through the summons of this Court is not a "true copy" of the Election Petition as required under the statutory mandate of Section 81{3) of the RP Act inasmuch as, on the first page of the same, it has not been attested by the Election Petitioner under own signature to be "a true copy" of the Election Petition.