SAMIR RANJAN BARMAN Vs. BHANU LAL SAHA

JUDGEMENT

(1.) This petition by the respondent No. 1 (Election Petition No. 3 of 1988) is purported to be made under provisions of S.86 of the R. P. Act read with O. VIII, R. 11 and S.151 of the Code of Civil Procedure for dismissing/ rejection of the Election Petition on the grounds raised in paras 2, 4 and 5. However, for the reasons recorded in the orders dated 6th and 7th December, 1988 the petitioner is not going to press the grounds under paras 4 and 5 presently. Now, we are left for consideration of the grounds of para 2. The allegation in para 2 reads as:-

(2.) Learned counsel Mr. A.K. Bhowmik for the respondent No. 1 and learned counsel Mr. A. Chakraborty for the election petitioner have made their submissions in details on 7-12-1988.

(3.) The Rules under Chap. VIII-A of the Gauhati High Court Rules are the special provisions relating to procedure in election petition. The first part of the Rule 1(a) relating to copies to be accompanied with the election petition is in conformity with sub-section (3) of Section 81 of the Representation of the People Act, 1951. Whereas, the second part of the said Rule relating to envelopes with postage stamps and as per Rule 1(b) relating to printing forms of notices to be accompanied with the election petition at the time of its presentation had been incorporated purely for procedural purpose to enable service of notices immediately after the orders of the Court in this regard. The election petitioner had stated in the written objection that the envelopes, postage stamps were duly filed but printed forms of notices were not available at the Office of the High Court (Agartala Bench) at the time of presentation of the election petition. However, the office note dated 16-3-1988 of the Agartala Bench on the border of the order sheet have not disclosed about the fact of filing the envelopes with postage stamps. Non-submission of the same along with presentation of the election petition was a procedural irregularity only. Although, the election petition was presented at Agartala Bench one 16-3-88, it was registered on 20-41988 under the order of this Court at the principal seat (Gauhati); and thereafter, on 9-5-1988 the election petition was admitted and orders passed for issuing notices through registered A D posts on the respondents and the petitioner was granted 10 days time to take all steps at Agartala Bench. Accordingly, the election petitioner took all steps within that time at Agartala and filed notices with envelops and postage stamps to enable services to be effected by registered posts with acknowledgment due on the respondents. Non-submission of envelopes with postage stamps and notices at the time of presentation of the Election Petition at Agartala Bench was merely a procedural irregularity and it cannot be a ground for rejection/ dismissal of the Election Petition.