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1981 Supreme(Raj) 13

M.C.JAIN
Kalyan Mal Mina – Appellant
Versus
Ratan Lal Tambi – Respondent


Advocates Appeared:
R. Mehta, for Petitioner; M.M. Singhvi and H.N. Calla, for Non-Petitioner

M.C. JAIN, J.— In this election petition, the petitioner has submitted an application for leave to present the replication to the reply filed by the non-petitioner.

2. The non-petitioner has raised a preliminary objection to the filing of the replication. Mr. M.M. Singhvi, learned counsel for the non-petitioner, submitted that there is no provision under the Representation of the People Act, 1951 (hereinafter referred to as "the Act") permitting filing of replication and the scheme of the provisions on the contrary appears to be that by necessary implication and intendment, filing of replication by the petitioner is excluded even with the permission of the Court. Shri Singhvi referred to the provisions contained in Sections 83, 86 (5) and 97 of the Act and submitted that the election petitioner is required to state all material facts on which the petitioner relies and full particulars of the corrupt practice have to be alleged by the petitioner and under sub section (S) of Sec. 86, the Court is empowered to allow the particulars of any corrupt practice to be amended or amplified, but the Court is prohibited to allow any amendment which will have the effect of introducing particulars







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