KASHMIR SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THE petitioner has filed Election Petition No. 16 of 1983 challenging the election of the respondent Shri Puran Singh who was elected from Billawar Assembly constituency during the elections held on June, 1983.

(2.) THIS application has been moved on behalf of the respondent for dismissing the said election petition as copy of the petition provided to him was not a true copy of the petition filed. It is averred by the respondent in this application that he came to know about the legal lacuna on 27 -12 -1985 and such objection can be raised at any time during the proceedings. The petitioner in his objections controverted the allegation of the respondent by submitting that the election petition was filed sometimes in the end of July, 1933 The respondent has also filed written statement wherein he did not raise any objection Moreover, according to him the copy supplied to the respondent is the attested true copy of the original petition and there may be a minor defect in the form of verification and in case the Court finds some such minor defect, he be allowed to amend the same

(3.) I have heard she either side and perused the copy of the petition supplied to the respondent and attached by him with this application. , This copy has been verified to be true copy by the petitioner Learned counsel for the respondent has pointed out that in the end of the petition, the petitioner has kept the column blank which is not in accordance with the original petition and as it offends the mandatory provisions of Sec. 89 (3) of the Representation of the Peoples Act, the petition is required to be dismissed. The relevant para in the form of verification, in copy of the petition provided to the respondent, reads as under: - " I, Kashmir Singh petitioner of this petition, do verify today the 20th of July, 1983 that contents of paras - _are correct, based upon my knowledge and contents of paras_ -are correct according to the information received It is, therefore, verified as such." In the original petition this para reads thus: "I, Kashmir Singh petitioner of this petition do verify today the 20th of July, 1983 that contents of paras 1 to 5, 6, A, B, C (i) to (ix) F, G, H. are correct, based upon my knowledge and contents of paras 6 -E are correct according to the information received. It is, therefore, verified as such"