The defect in the verification of the petition was not fatal to the petition, and the court cited previous cases and the provisions of the Code of Civil Procedure to support this finding.

JUDGMENT M.R. Verma, J. :- This order is meant to dispose of the following preliminary issues framed in this Election Petition : I. Whether complete and attested true copy has not been served on the respondent if so, its effect ? OPR II. Whether the petition is liable to be dismissed for want of supply of copies of the documents filed by the petitioner with the petition OPR K III. Whether the petition is liable to be dismissed for want of filing an affidavit, as alleged in preliminary objection No. 4 of the reply ? OPR

2. Brief facts relevant for the purpose of disposal of these issues are that the petitioner has filed this Election Petition under Sections 80, 81 read with Section 100 of the Representation of People Act, 1951 (hereinafter referred to as the Act) for declaring the election of the respondent from 35-Gangath (S.C.) Assembly Constituency in Himachal Pradesh as void on the ground that the said assembly constituency was reserved for the Scheduled Caste candidate whereas the respondent was not qualified to contest the election because he is Tarkhan by caste which is not a Scheduled Caste. Thus his nomination form was wrongly and illegally accepted and his election to the assembly from the aforesaid constituency is void and liable to be set aside.

3. The respondent contested the petition. In his written reply he raised the preliminary objections that complete and attested true copy of the petition has not been supplied to him, that the petition is liable to be dismissed for want of supply of copies of the documents filed with the petition to him and that the petition deserves dismissal for want of filing an affidavit with the petition as required under Order 6 Rule 115(4) of the Code of Civil Procedure (hereinafter referred to as the Code1).

4. On the basis of the aforesaid preliminary objections, the aforesaid issues were framed. Since the parties stated that no evidence was to be led by them on these issues, therefore, these issues are ordered to be treated and disposed of as preliminary issues.

5. I have heard the learned Counsel for the parties and have also perused the relevant records.

6. My findings on the aforesaid issues are as follows:- Issue No. 1

7. It is a question of fact as to whether complete and attested true copy of the petition had been served on the respondent or not. The respondent, in his reply claimed that such copy had not been served on him. However the respondent, on 26.8.2003, expressed the intention not to lead any evidence to prove this issue. Even at the time of arguments, the copy of the petition received by the respondent has not been produced for perusal muchless to point out that it was not attested to be true copy or it was not complete for any reason whatsoever nor it was pointed out as to in what respect the copy of the petition furnished on the respondent is incomplete. Thus, the respondent has failed to prove this issue which is accordingly held against the respondent. Issue No. 2

8. It is also a question of fact as to whether copies of the documents filed with the petition had or had not been supplied to the respondent. On 26.8.2003, the respondent expressed the intention not to lead evidence in support of this issue. Therefore, there is nothing whatsoever to show that copy, if any, of any document, has not been furnished to him. Neither it is specifically pleaded in the reply nor was pointed out at the time of arguments as to copies of which document(s) filed with the petition has not been furnished to him. Thus, the respondent has failed to prove this issue also which is accordingly held against him. Issue No. 3

9. It was contended by the learned Counsel for the respondent that Section 83 of the Act specifically provides that an election petition shall be signed and verified in the manner as laid down in the Code and Order VI Rule 15(4) of the Code provides that the person verifying the pleadings shall also furnish an affidavit in support of the pleadings. Therefore, the petitioner, a

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