DESH RAJ Vs. BODH RAJ

JUDGEMENT

(1.) THIS order is meant to dispose of the following preliminary issues framed in this Election Petition : I. Whether complete and attested true copy has not been served on the respondent if so, its effect ? OPR II. Whether the petition is liable to be dismissed for want of supply of copies of the documents filed by the petitioner with the petition OPR K III. Whether the petition is liable to be dismissed for want of filing an affidavit, as alleged in preliminary objection No. 4 of the reply ? OPR

(2.) BRIEF facts relevant for the purpose of disposal of these issues are that the petitioner has filed this Election Petition under Sections 80, 81 read with Section 100 of the Representation of People Act, 1951 (hereinafter referred to as the Act) for declaring the election of the respondent from 35 -Gangath (S.C.) Assembly Constituency in Himachal Pradesh as void on the ground that the said assembly constituency was reserved for the Scheduled Caste candidate whereas the respondent was not qualified to contest the election because he is Tarkhan by caste which is not a Scheduled Caste. Thus his nomination form was wrongly and illegally accepted and his election to the assembly from the aforesaid constituency is void and liable to be set aside.

(3.) ON the basis of the aforesaid preliminary objections, the aforesaid issues were framed. Since the parties stated that no evidence was to be led by them on these issues, therefore, these issues are ordered to be treated and disposed of as preliminary issues.