JUDGMENT

E. S. VENKATARAMIAH , J.—This appeal is filed under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957 (hereinafter referred to as the Act) by the appellant against the judgment of the High Court of Jammu & Kashmir in Election Petition No. 3 of 1997 dismissing an election petition filed by him on the ground that he had not complied with Section 89 (3) of the Act.

2. At the general election held in the year 1977 to elect members to the Legislative Assembly of the State of Jammu & Kashmir, the appellant and the respondent were candidates for the seat to be filled from the Handwara Assembly Constituency. The respondent was declared as the successful candidate by the Returning Officer. Thereafter the appellant filed an election petition before the High Court of Jammu & Kashmir challenging the validity of the respondents election on various grounds. The respondent raised two preliminary objections to the election petition - (1) that the petition had not been presented in accordance with sub-section (1) of Section 89 of the Act and (2) that the copy of the election petition had not been attested by the appellant under his own signature to be a true copy o