( 1 ) THIS election petition has been preferred by the petitioner u/ss. 80 and 81 of the representation of People Act, 1951 (hereinafter referred to as the Act) for declaring the election of the respondent from 03 Gwalior Parliamentary Constituency held on 7-5-1996 null and void on the ground that the respondent and his election agent had committed corrupt practices within the meaning of S. 123 and 100 (1) (d) (iv) of the Act.

( 2 ) AN application was moved by the respondent on 15-11-1996 raising preliminary objections. It was alleged in the application that the election petition u/ss. 80 and 81 of the Act was filed against the respondent. The copy of the election petition has been supplied to him was accompanied by a copy of the affidavit which was not in accordance with Rule 94a of the conduct of Elections Rules, 1961, inasmuch as the affidavit referred to in the proviso to sub-sec. (1) of S. 83 was required to be sworn before a Magistrate of the first class or a notary or a commissioner of oaths and it has to be in Form 25. The election petition was on the ground of corrupt practices and the affidavit should have been as mentioned in Rule 94a in Form 25. The other