KISHOR LAL Vs. PARIMAL NATHWANI

JUDGEMENT

(1.) THE petitioner Kishor Lal has brought about the Election Petition under S.81 of the Representation of the People Act, 1951 calling in question the election of Respondent No.1 Sri Parimal Nathwani in the Rajaya Sabha elected by the members of Jharkhand Legislative Assembly in biennial election held in the month of March, 2008.

(2.) THE Respondent No.1 Sri Parimal Nathwani and Respondent No.3 Sri Jay Prakash Narayan Singh appeared in this Election Petition by executing Vakalatnama but in spite of notice sent to the Respondent No.2 Shri R.K.Anand and thereafter publication of notice in the daily newspaper "Times of India" in the Delhi Edition, calling him to appear, the Respondent No.2 Shri R.K.Anand did not prefer to enter appearance hence the parties were called upon to suggest issues, accordingly they proposed the issues which were settled on recast. In the meantime, two Interlocutory Applications were filed on behalf of the Respondent No. 1 Shri Parimal Nathwani challenging the maintainability of this Election Petition brought about by the petitioner herein.

(3.) THE Interlocutory Application further contended that the instant Election Petition was also liable to be rejected for non - compliance of the provision of S.83 (i), 86 (A) and S.132 of the Representation of People Act, 1951 being mandatory in nature and that the Election Petition was liable to be rejected for non - compliance of Order VII R.11 also.