SYED SHAHABUDDIN Vs. M J AKBAR

JUDGEMENT

(1.) This is a petition under Section 80-A and 81 read with Section 100(l)(c) of the Representation of the Peoples Act, 1951 (hereinafter referred to as the Act' only) by the petitioner Syed Shahabuddin calling in question the election of M. J. Akbar to the Lok Sabha from 23-Kishanganj Parliamentary constituency in the general election held in November, 1989 on the ground that the petitioner's nomination paper was improperly rejected by the Returning Officer.

(2.) It appears that the Election petition was presented before the office on 11th December 1989 and subsequently, filed before the Registrar of the Court on 18th December 1989. The maintainability of the petition has been questioned, question is whether the Election has been legally and properly presented before the High Court in accordance with Sections 80 and 81 of the Act.

(3.) The learned Counsel for the petitioner has submitted that since no Judge was assigned by the Hon'ble the Chief Justice to exercise the jurisdiction of the High Court to hear and dispose of the Election petition arising out of the General election of the Lok Sabha (Parliament) held in the year 1989 till the date of the filing of the Election petition, the same was filed before the Registrar of the Court under Chapter III of the Patna High Court Rules (hereinafter to be referred to as 'the Rules'), who in absence of the Judge was competent to receive the petition.