SHANTI LAL Vs. GUMAN MAL LODHA

JUDGEMENT

(1.) THE petitioner, who is an elector of Pali Lok Sabha Constituency, has filed this election petition under sec. 80-A of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') and challenged the election of respondent Shri Guman Mal Lodha, who has been declared elected as member of Parliament from Pali (Parliamentary Constituency No. 21) on 16. 06. 1991, on the ground of alleged corrupt practice described in para 3 of the petition and prayed that the impugned election be declared as void.

(2.) ON 6. 1. 92, Mr. Rajendra Mehta, Advocate, appeared for the respondent in the Court and accepted the notice along with the copy of the election petition. He was also supplied with another copy of the election petition by the Registry on 13. 1. 92. The respondent filed an application under Ss. 81, 83 r/w sec. 86 (1) of the Act and raised inter-alia the following preliminary objections regarding the maintainability of this election petition :- i. That the copy of the election petition served on him is not a true and Correct copy of the original election petition nor it has been attested to be the true copy by the petitioner and, as such, the mandatory provisions of Sec. 81 of the Act have not been complied with; ii. That the copy of the audio cassette Annex. 6 described in sub para (3) of Para 3 of the election petition, which purports to form an integral part of the election petition, has not been furnished; iii. That the copies of petitioner's affidavit, which forms an integral part of the election petition, is not the true copy of the affidavit and the same does not bear the endorsement of its attestation and blank space has been left after writing sd/-; and iv. That none of the copies of the Annexs. 3 to 5, which also form integral part of the election petition, have not been duly signed and verified by the petitioner.

(3.) I have heard learned counsel for the parties at length on petitioner's amendment application as well as on the preliminary objections raised on behalf of the respondent regarding the maintainability of this election petition and perused the relevant record in extenso.