A.V.VARADARAJAN, RANGANATH MISRA, S.MURTAZA FAZAL ALI
Rajendra Singh: J. P. Goyal: Bishambhar Nath Pande – Appellant
Versus
Usha Rani: Raj Narain: Raj Narain – Respondent
JUDGMENT
FAZAL ALI, J.:—As these appeals involve common points of law, we propose to decide them by one judgment.
Civil Appeal No. 3702 of 1982
2. This appeal arises out of election to 375-Iglas Assembly Constituency, Aligarh to the Uttar Pradesh Legislative Assembly which was held on May 28, 1980 and the result of which was declared on June 1, 1980, in which the appellant was declared elected. Respondent No. 1. Smt. Usha Rani had also contested the above-mentioned election but was defeated. Aggrieved by the result of the aforesaid election, Smt. Usha Rani filed an election petition on July 15, 1980, at the residence of the Registrar of the Allahabad High Court. Thereafter, on September 24, 1981, the appellant filed a petition before the High Court for rejection of the election petition filed by the respondent, on the ground that the copy of the petition served on him was neither attested to be a true copy nor a correct copy of the original petition, as contemplated by the provisions contained in S. 81(3) of the Representation of the People Act (hereinafter referred to as the Act) and hence the election petition should be rejected in limine under Section 86 of the Act. Sub-s. (3) of
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