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1986 Supreme(Raj) 12

V.S.DAVE
BHANWAR SINGH – Appellant
Versus
NAVRANG SINGH – Respondent


Advocates Appeared:
JAGDIP DHANKAR, K.K.SHARMA

Judgment


V. S. DAVE, J.

( 1 ) ORDER :- This comes up for the disposal of two applications filed on behalf of respondent, Navrang Singh, one filed under S. 81 read with S. 86 of the Representation of People Act, 1951 (hereinafter referred to as "the Act"), whereby it has been prayed that the election petition be dismissed for noncompliance of S. 81 (1) of the Act. By another application it has been prayed that R. 4 of the rules regarding election petition under the Representation of the People Act, 1951 framed by the High Court in exercise of the powers conferred by S. 46 of the Rajasthan High Court ordinance be struck down as the same are beyond the powers available to the High Court under Art. 225 of the Constitution and the said rule is violative of S. 81 (1) of the Act as it overrides this provision. In fact the second application was filed during the course of hearing of the earlier application when the petitioner had taken stand that the election petition has been presented in accordance with R. 4 of the aforesaid rules.

( 2 ) THE contention of the respondent is that the election petition has been presented by Rajendra Prasad Advocate and not by the petitioner himself, while a






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