( 1. ) THIS election petition, calling in question the election of the respondent No. 1 Shivpratap Singh to the Madhya Pradesh Legislative assembly from Guna Constituency No. 27, was presented to the High Court on 26-4-1972. The Deputy Registrar (Judicial) who is the person authorised to receive such petitions, made the following endorsement at the time of receiving the petition:

"presented by Shri A. R. Choubey, Advocate for the petitioner Ramanlal, who is said to be a candidate, on this 26th April, 1972, at 1. 45 P. M. . It is accompanied by Receipt no. 31 Book No. 84994 dated 25-4-1972. Shri Choubey is personally known to me. The petition is accompanied by an affidavit. "

( 2. ) THE petition was, thereafter, checked by the Office and Reader to the deputy Registrar (Judicial) reported that it was doubtful if the petition could be treated as "properly presented" since it was not presented by the candidate himself but by his counsel, and under sub-section (1) of section 81 of the representation of the People Act, 1951 the election petition could be presented only by the candidate at such election or by an elector.

( 3. ) THE election petition was placed before Honble Dwive