NIRBHAY KUMAR SHAHABADI Vs. PRADEEP BALMUCHU

JUDGEMENT

(1.) The petitioner, a sitting M.L.A. of the Jharkhand Legislative Assembly, has filed the present election petition under section 81 of the Representation of People Act, 1951 (for short "R.P. Act") assailing the election of respondent no.1- Sri Pradeep Balmuchu and respondent no. 2-Sri Sanjeev Kumar of Rajya Sabha held on 3.5.2012 on three grounds:

(2.) In the last, it is pleaded that if nomination paper of either of the respondents no. 1 and 2 was rejected, respondent no. 3 would have been declared elected. Therefore, the election of respondents no. 1 and 2 be declared null and void on the ground that their nomination papers were wrongly accepted which, otherwise, ought to have been rejected. Further prayer was made to declare Sri Surendrajeet Singh Ahluwaliarespondent no. 3 as an elected candidate to the Rajya Sabha in the election held in May, 2012.

(3.) Mr. Anil Choudhary, learned counsel for the petitioner, has vehemently argued that the election petition was presented by the petitioner in person before the Registrar General of this Court on 16.06.2012 within the statuary limitation period of 45 days from the date of declaration of result and the same is accompanied by four extra copies duly attested by the petitioner under his signature; election petitioner has deposited a sum of Rs. 2,000/- , therefore, the present petition is immune from any infirmity and defect and cannot be dismissed at initial stage on the ground of legal defects by invoking Section 86 of the R.P. Act and, therefore, summons have to be issued to the respondents.