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1978 Supreme(Raj) 24

JOSHI
Bhikha Bhai – Appellant
Versus
Lalshanker – Respondent


Advocates Appeared:
M. Mridul, for Petitioner; P.B. Desai, for Non-Petitioner No. 1.

JOSHI, J.—This is a defeated candidates election petition filed under sections 80 and 81 of the Representation of the People Act (briefly the Act) challenging the election of respondent No. 1 Shri Lal Shanker to the Sagwara Legislative Assembly Constituency in the election held in June 1977. The main ground upon which the election is sought to be challenged is the commission of corrupt practices alleged in the election petition by respondent No. 1.

2. The respondent was served with summons along with the copy of the election petition including annexures and affidavit. The respondent No. 1 submitted his written statement and along with his written statement produced the copy of the election petition sent to him along with the summons. In his written statement respondent No. i traversed all the allegations in regard to the commission of corrupt practices and inter alia contended that the copy of the election petition along with the annexures served on him, do not contain the attestation of the petitioner under his own signature that it is a true copy of the original petition as required by section 81(3) of the Act. It was further contended that the copy of the election petition suppli














































































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