SARDAR MAL Vs. GAYATRI DEVI

JUDGEMENT

(1.) THIS is a reference under Section 98 of the Code of Civil Procedure by a Division bench of this Court consisting of Modi and Shinghal, JJ. It arises out of an appeal under Section 116-A of the Representation of the People Act 1951.

(2.) THE facts relevant for disposing of it are these. Smt. Gayatri Devi respondent was elected to the House of the People at the third general elections held in the month of February 1962 from the Jaipur Parliamentary Constituency in Rajasthan. Her election was challenged by Sardar Mal appellant, who is an elector in the constituency, by an election petition on the ground of corrupt practices mentioned in para 4 thereof. Full particulars of the corrupt practices as required by Section 83 (i) (b) were given in three annexures to the petition marked A, B and C. An affidavit in support of the allegations of corrupt practices was also filed along with the petition as required under the proviso to Section 83 (2 ). The election petition, including the annexures and the accompanying affidavit, along with their copies, were presented before the Election Commission on 16-4-1962. The Commission referred the petition to an Election Tribunal for trial after causing a copy of it to be published in the Gazette.

(3.) ON 22-9-62 the respondent took an objection that the copies of the main petition and annexures A and B which were served on her did not bear the attestation by the petitioner as prescribed under Section 81 (3) and urged that the petition should be rejected on this ground tinder Section 90 (3 ). This objection was not taken by her in the written statement which was filed on 16-7-62.