AMARENDRA KUMAR Vs. SHARAD YADAV

JUDGEMENT

(1.) This is an order on the application filed by the sole respondent under S. 151 of the Code of Civil Procedure (in short, CPC) read with Order 7, Rule 11 and Order 6, Rule 16, CPC and Ss. 81, 82, 83 and 87 of the Representation of the People Act (in short 'the Act') raising preliminary objection regarding maintainability of election petition and reply to this petition filed by petitioner.

(2.) The sole respondent in the application under consideration has stated that he has not been supplied with true copy of election petition because the copy served on him does not contain pages Nos. 36 and 71 although the original election petition contains these pages and besides this, various pages in the copy of election petition such as pages Nos. 25, 38, 41, 42, 43, 48 and 66 are not visible because these pages are totally blurred which amounts that these pages are non est and election petition is fit to be dismissed under S. 86(1) of the Act for non compliance of the mandatory provisions of S. 81(3) of the Act.

(3.) During the course of argument learned counsel of respondent submitted that by typing mistake in place of page No. 21 page No. 36 has been printed in the application and therefore he will confine his argument so far missing of pages in the copy of election petition are concerned to the point that pages Nos. 21 and 71 were not supplied to respondent.