BIDESH SINGH Vs. MADHAV SINGH

JUDGEMENT

(1.) THIS is an application under Section 86(1) of the Representation of People Act, 1951 (for short, the Act) raising preliminary objection for non - compliance of Sections 81 and 83 of the Act, read with Order VI, Rule 16 and Order VII, Rule 11 of the Code of Civil Procedure, for summary dismissal of the recriminatory petition.

(2.) IT is stated that the recriminatory petition filed by respondent No. 1 is not maintainable as it is barred by law of limitation because of filling of the said petition beyond the period of 14 days from the date of commencement of the trial as provided under Section 86 of the said Act. It is further stated that the respondent No. 1 has failed to comply the mandatory provision of Section 83 of the Act as he has not furnished the material particulars.

(3.) ON the other hand, the respondent No. 1 filed a rejoinder. The application raising preliminary objection claiming therein that the recriminatory petition has been filed in accordance with the provisions as envisaged under Sections 81, 83, 86, and 97 of the Act. The recriminatory petition duly attested to be the true copy certified by respondent No. 1 on each and every page which was filed on 23.3.2001, serving a copy to the Lawyer for the petitioner. It is further claimed that the respondent No. 1 after coining to know about the pendency of the election petition against him through daily Newspaper dated 5.3.2001 fixing 23.3. 2001 for appearance and filling written statement and in pursuance of the said publication, the respondent No. 1 filed an application on 12.3.2001 for a direction to the petitioner handing over the copy of the election petition and the other petition and thereafter the recriminatory petition was filed on 23.3.2001, so the question of time barred in filling the recriminatory petition does not arise. It is also stated that the respondent No. 1 has already furnished adequate material facts and material particulars as required under Section 83 of the Act duly verified and affidavited in accordance with law and, as such, the preliminary objection raised by the election petitioner has got no substance which is fit to be dismissed.