MURARKA RADHEY SHYAM RAMKUMAR Vs. ROOP SINGH RATHORE

JUDGEMENT

(1.) THESE are two petitions under Articles 226 and 227 of the Constitution of India and arise out of the election petitions which are being tried by the Election Tribunal, Jhunjhunu. Murarka Radhey Shyam Ram Kumar, the successful candidate at the election to the House of the People from the Jhunjhunu constituency, raised certain objections before the Tribunal which were disallowed on August 13, 1962. He has therefore come to this court and it is contended on his behalf that the Tribunal was in error in not accepting the following objections and in not dismissing the two election petitions : - (1) In election petition No. 269 of 1962 the petitioner joined Ballu s/o Salla as a respondent when he was not a necessary party under sec. 82 of the Representation of the People Act 1951, (hereinafter in this judgment referred to as the Act ). (2) The copy of the election petition supplied to Murarka Radhey Shyam Ram Kumar was not duly attested to be a true copy. (3) The verification on the election petition was not in accordance with the provisions of sec. 83 of the Act and the affidavit did not purport to be attested in accordance with the law. (4) The copies filed with the election petition and the one that was furnished to Murarka Radhey Shyam Ram Kumar were not true copies of the election petition in as much as (i) paragraphs 14 (e) and (g) (ii) were not mentioned in the endorsement of verification, and (ii) the signature of petitioner Ridmalsingh was not mentioned below the verification endorsement.

(2.) IT is strenuously urged by the learned counsel that the Election Tribunal should have dismissed the election petitions for these defects under sec. 90 (3) of the Act. IT is contended that the defects mentioned above are common to both the election petitions except that in election petition No. 269 a further point is taken that Shri Ballu has been added as a party contrary to the provision of sec. 82, as mentioned earlier.