KAMLA BENIWAL Vs. DHIR SINGH

JUDGEMENT

(1.) THE application of respondent No. 1 dated 11th September, 1967, objecting to the affidavit filed by the petitioner disclosing source of information as 'received from my workers' came up for consideration and orders on 13 -9 -67.

(2.) A few facts relevant for the disposal of the application may be stated at the outset. Initially with the election petition thepetitioner filed an affidavit in which there was no reference to schedule 'C'. It may be pointed out that schedule 'C' was referred to in paragraph 32 of the petition and supplemented the allegations in para 32. In paragraph 32 the petitioner stated that the respondent no. 1 hired a number of vehicles for the purpose of his election and has paid them about Rs. 10,000/ - as fare to those vehicles. In Schedule 'C' she gave the details of the expenditure of about Rs. 10,000/ -. Further, the petitioner while verifying some of the paragraphs in the petition on the basis of information did not disclose the source of information

(3.) IN reply, the counsel for the peti -tioner contended that the Act and the Rules having made specific provisions relating to affidavit the applicability of Order 19 Rule 3. Civil P. C. is ousted. The learned counsel emphasised the language of Section 87 of the Act under which the Civil Procedure Code is applicable to the trial of the election petition as nearly as may be possible, and is subject to the provisions of the Act and the Rules made thereunder According to the learned counsel, the Representation of the People Act is a self -contained Code governing the trial of the election petitions and consequently, when the Act and the Rules have made specific provisions for the form of the affidavit the provisions of the Civil Procedure Code cannot be invoked It was submitted that Section 83(1) proviso provides that the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of corrupt practice and the particulars thereof. Rule 94 (A) of the Rules further provides that such an affidavit shall be sworn before a magistrate of the first class or a notary or a commissioner of oaths and shall be in Form 25. Form 25 indicates that the deponent need only state that the statements in particular paragraphs are true to his knowledge. The form does not indicate that the source of information is to be disclosed