BHIKHA BHAI Vs. LALSHANKER

JUDGEMENT

(1.) THIS is a defeated candidate's election petition filed under Sections 80 and 81 of the Representation of the People Act (briefly 'the Act') challenging the election of respondent No. 1 Shri Lal Shanker to the Sagwara Legislative assembly Constituency in the election held in June 1977. The main ground upon which the election is sought to be challenged is the commission of corrupt practices alleged in the election petition by respondent No. 1.

(2.) THE respondent was served with summons along with the copy of the election petition including annexures and affidavit. The respondent No. 1 submitted his written statement and along with his written statement produced the copy of the election petition sent to him along with the summons. In his written statement respondent No. 1 traversed all the allegations in regard to the commission of corrupt practices and inter alia contended that the copy of the election petition along with the annexures served on him, do not contain the attestation of the petitioner under his own signature that it is a true copy of the original petition as required by Section 81 (3) of the Act. It was further contended that the copy of the election petition supplied to him is not a true copy of the original petition, as there are material differences between the contents of the copy supplied to him and the contents of the original petition.

(3.) ON the pleadings of the parties, in all five issues were raised on 9-11-1977. On 4-1-1978, it was directed by the Court that issues Nos. 1 and 2 shall be heard as preliminary issues. Issues Nos. 1 and 2 may be reproduced as under:-