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1975 Supreme(SC) 76

N.L.UNTWALIA, A.ALAGIRISWAMI, M.H.BEG
Dhoom Singh – Appellant
Versus
Prakash Chandra Sethi – Respondent


Judgment

UNTWALIA, J.: - Respondent no. 1 in this appeal was elected a member of the Madhya Pradesh State Legislative Assembly from the Ujjain North Assembly Constituency. The third respondent filed an election petition on 25-4-1972 in the Madhya Pradesh High Court for declaring the election of the first respondent void. After service of the notice of the election petition along with the enclosures thereto, respondent no. 1 made an application on 28-11-1972 to the High Court raising an objection that out of the copies of the election petition, list of Annexures, Annexures and Affidavits served on him, only the Annexures were signed by respondent no. 3 and the rest were not signed by him. Respondent no. 1 submitted to the Court that there was non-compliance with the requirement of subsection (3) of Section 81 of the Representation of the People Act, 1951 - (hereinafter called the Act) and hence the election petition was liable to be dismissed under Section 86 (1): A learned single Judge of the High Court to whom the election petition had been transferred for disposal heard the matter on several dates along with some other miscellaneous petitions filed in the case. Time was granted to



















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