JAGDISH KUMAR Vs. HEERA RAM MEGHWAL

JUDGEMENT

(1.) Perused the office report and heard learned counsel for the petitioner.

(2.) Office has reported that the present election petition is within limitation, the petition contains pages 1 to 27 and index along with 6 extra copies of election petition containing 27 pages with index each duly attested by the petitioner to be true copies along with summons and prepaid registered A/D covers each stamped with Rs.120.00. The petitioner also submitted the tender form regarding deposit of security of Rs.2,000.00 and list of documents.

(3.) In view of the above, according to learned counsel for the petitioner, the petitioner has complied with the requirement of Sec. 81 of the Representation of People Act, 1951 which requires filing of the petition within 45 days and according to the petitioner, the election results were declared on 11/12/2018, the election petition has been presented on 16/1/2019 and the last date for filing the election petition was 24/1/2019. The petitioner also has complied with the requirement of Sec. 81(3) of the Act of 1951 by submitting requisite sets of the petition for the respondents duly attested by the petitioner under his signature to be true copy of the petition. The petitioner has not sought declaration for declaring him to be elected candidate and he has impleaded necessary parties as required under Sec. 82(a) of the Act of 1951. However, since relief has been claimed which may require impleading the Election Commission of India, therefore, the Election Petition of India has been impleaded as party. The petitioner has deposited requisite amount required to be deposited under Sec. 117 of the Act of 1951.