A.M.NAIK
Bhagirath Prasad – Appellant
Versus
Election Commission of India – Respondent
Abhay M. Naik, J.
1. This order disposes of I.A. No. 17535/09.
2. Following main objections have been raised in the said I.A.:
1. Election petition was presented by the counsel for the petitioner. In the absence of personal presentation by the Election Petitioner, there being violation of Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the "Act" for brevity), Election Petition is liable to dismissal.
2. Copy of election petition accompanied by annexures was not attested by the petitioner under his own signatures as true copy, which is violative of Sub-section (3) of Section 81 of the Act.
3. Though, Annexure P/28 is described in paragraph 30 of the election petition, the same is not annexed to the election petition. Annexure P/28 is a receipt pertaining to security deposit. In the absence of this document, election petition is not maintainable and is liable to be dismissed.
4. Allegations about corrupt practices are made against Bhagirath Prasad, an independent candidate, who has not been impleaded despite mandatory provision contained in Section 82 of the Act. Hence, the petition is liable to be dismissed for want of non-joinder of necessary par
Ramanlal Premi v. Shivpratap Singh and Anr. 1978 JLJ 850;
Rajendra Singh v. Smt. Usha Rani : AIR 1984 SC 956;
T.M. Jacob v. C. Poulose: (1999) 4 SCC 274;
Anil R. Deshmukh v. Onkar N. Wagh: (1999) 2 SCC 205;
Urmila Devi v. Returning Officer (Panchayat) and Ors. 2008 (III) MPWN 92;
Shashi Bhushan Bajpai v. Madhavrao Scindia : AIR 1998 MP 31;
Mithilesh Kumar Pandey v. Baidyanath Yadav and Ors.: AIR 1984 SC 305;
Sarif-ud-Din v. Abdul Gani Lone: AIR 1980 SC 303;
Sardar Harcharan Singh Brar v. Sukh Darshan Singh: (2004) 11 SCC 196;
Chandrakant Uttam Chodankar v. Dayanand Rayu Mandrakar : (2005) 2 SCC 188;
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