VIDYA PATHAK Vs. INDIRA MAYARAM AND ORS.

JUDGEMENT

(1.) This case has come up before me as assigned by Honourable the Chief Justice.

(2.) Learned counsel for the respondents has raised the question of maintainability of the election petition by raising preliminary objections that the presentation of this Election Petition before the Addl. Registrar (Admn.), Rajasthan High Court Bench, Jaipur, is illegal as the Honourable C.J. has not assigned the election petition in terms of sub-section (2) of Sec. 80-A of the Representation of Peoples Act, 1991 (hereinafter referred to as 'the Act').

(3.) It is alleged that the petition was placed before Honourable the C.J. on 13th Jan., 1994 whereas the period of limitation expired on 12th Jan., 1994, and, therefore, the same is liable to be dismissed on this ground alone. Learned counsel further submits that listing of the case before Honourable G.S. Singhvi, J. as he then was, on 24th Jan., 1994, was absolutely illegal and thereafter, on his transfer before Honourable Anshuman Singh, J., who lateron released the petition, was also illegal. Learned counsel also submits that the extra-sets of the election petition have not been accompanied with the election petition, as such this petition is also liable to be dismissed only on this count. The other preliminary objections are that Rule 6 of the Rules of 1967, has also not been complied with and the petition bears no seal impression of Addl. Registrar (Admn.).