C P JOSHI Vs. KALYAN SINGH CHOUHAN

JUDGEMENT

(1.) THE petitioner sought dismissal of the election petition under S.86(1) of the Representation of People Act, 1951 (for short "the Act of 1951") on the ground of non - supply of list of documents filed along with the present election petition, which is being decided by this order.

(2.) THE respondent submitted this application under S.86(1) of the Act of 1951 on the ground that though the copy of the election petition was served on the respondent containing pages from 1 to 26 with index, but does not contain the list of documents filed by the petitioner along with the election petition under R.12 of the Rules in regard to the election petition under the Representation of People Act, 1951 read with O.7, R.14, CPC and O.14, R.4, CPC. This fact that copy of the list of documents has not been supplied to the respondent came to the knowledge of the respondent only when this Court on 19-11-2009, after giving reference of this list of document, allowed the petitioner's application for summoning of the documents. In view of the above, this petition is liable to be dismissed as the election petitioner does not comply with the provisions of S.81 or 82 or 117 of the Act of 1951.

(3.) THE learned counsel for the respondent submitted that as per sub-rule (2) of S.83 of the Act of 1951, any schedule or annexure to the petition is also required to be signed by the petitioner and verified in the same manner as the petition. Sub-rule (3), of S.81 of the Act of 1951 also provides that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. The learned counsel for the applicant relied upon the judgment of the Hon'ble Apex Court delivered in the case of Mulayam Singh Yadav v. Dharam Pal Yadav 2001 (7) SCC 98) : AIR 2001 SC 2565.