JUDGMENT

Santosh Hegde, J.-(On behalf of himself and also on behalf of the Chief Justice of India).

The appellant before us had preferred Election Petition No. 1/2000 before the Imphal Bench of the Gauhati High Court challenging the declaration of the results made in favour of respondent No. 1 herein as the elected candidate in the elections held for the 48-Churachandpur Assembly Constituency in the 7th Manipur Legislative Assembly Election. One of the grounds of attack in the said petition was that respondent No.1 indulged in corrupt practice as contemplated in Section 123 of the Representation of People Act, 1951 (hereinafter referred to as the Act ) among other grounds, hence, he had prayed that the declaration made in favour of respondent No.1 be set aside and he be declared as the elected candidate from the said Constituency.

2. Respondent No.1 herein moved an application being Civil Miscellaneous (Election) Case No. 3/2000 contending that the copies of the affidavits filed in support of the corrupt practices alleged in the election petition and supplied to him, did not contain due verification and attestation by the Oath Commissioner or by the Prescribed Authority, hence there