MOTI RAM Vs. MOTI RAM

JUDGEMENT

(1.) Shri Moti Ram respondent was declared to have been elected a Member of the Himachal Pradesh Legislative Assembly from 60-Chachiot Assembly Constituency in the elections held during February, 1990. His election has been challenged by way of filing two separate election petitions on the ground that the nomination paper of Shri Karam Singh was improperly rejected by the Returning Officer vide his order dated 7/02/1990. Since both petitions involved determination of similar questions of facts and law, it was ordered on 25/07/1990 that the petitions be consolidated and further, that proceedings would henceforth be recorded in Election Petition No. 2 of 1990.

(2.) The petitions were contested by Shri Moti Ram respondent by way of raising a number of preliminary objections. It was averred that the copies of the petitions served upon him were not the true copies of the original and, therefore, the provisions of S. 81(3) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') had not been complied with. Also, the petitions and annexures attached thereto had neither been signed nor verified in the manner laid down in the Code of Civil Procedure. The provisions of Ss. 83(1)(c) and (2) of the Act stood violated. Another objection raised was that Shri Karam Singh, Shri Shiv Lal and the State Government were necessary parties. It was pleaded that the election petitions merited dismissal on each of the above grounds. This was vehemently contested by the petitioners.

(3.) The following preliminary issues were framed:-