NAWRANG SINGH Vs. BHANWAR SINGH

JUDGEMENT

(1.) THE petitioner has filed an election petition challenging the election of respondent from Rajasthan Legislative Assembly Constituency No. 27, Navalgarh, the result of which was declared on March 1, 1990. The respondent has filed preliminary objections regarding the maintainability of the petition.

(2.) IT is submitted by Shri V.K. Agrawal, learned Counsel that an affidavit filed alongwith the petition does not disclose the source of information as required by relevant provisions of CPC. Therefore, in eye of law no affidavit has been filed and thus the provisions of Section 83 of the Representation of People Act, 1951 (for brevity of 'Act, 1951') have not been complied with. It is also submitted that verification of the petition has not been done as required under Section 83 of the Act, 1951. It is also pointed out that material facts & material particulars as required under provisions of Section 83 of Act, 1951 have not been disclosed, therefore, no cause of action has arisen for filing this petition. It is further pointed out that copies of documents which formed integral part of the petition have been filed with the petition, but copies of such documents not been given to the respondents. The learned Counsel has lastly raised the objection regarding presentation of the election petition. It has been contended that the petition could have been presented only at Jaipur Bench and not at Jodhpur. Therefore on this ground also the petition is liable to be rejected.

(3.) IT has been submitted by learned Counsel for the petitioner 'respondents') that an affidavit filed in support of the petition is no affidavit in eye of law &, therefore, the petition deserves to be dismissed on this account It may be stated that under provisions of Section 83 of the Representation of People Act, 1951 (for brevity 'the Act, 1951') it is provided that "where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof." Thus, it is clear that the affidavit has to be filed as prescribed by the relevant provisions. In the conduct of Election Rules, 1961 (for short 'the Election Rules') it is provided under Rules 94 -A that "the affidavit referred in the proviso to Sub -section (1) of Section 83 shall be sworn before a magistrate of the first class or a notary or a commissioner of oaths and shall be in Form 25". It is thus, clear that the affidavit has to be in the Form No. 25. Parts (a) & (b) of the Form -25 regarding affidavit are as under: