Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.

1. This is an application by the original respondent No.l under Order VII R.11 of the Code of Civil Procedure, 1908 (CPC) for rejection of Election Petition preferred by the opponent (original petitioner) for violation of S.81 and S.83 of the Representation of the People Act, 1950 and for its dismissal under S.86 of the said Act.

2. Heard Mr. S.M. Gorwadkar, the learned Senior Counsel for the applicant (Original Respondent No.1.) and Mr. Vyas, the learned Counsel for the Opponent (Original Petitioner). Perused the record annexed to the present application and of the Election Petition.

3. The opponent (original petitioner) contested the election from Maharashtra State Legislative Assembly Constituency No.145 for Mira Bhayandar Assembly Constituency. That the said elections were held on 15 th October 2014 and its results were declared on 19th October 2014. The applicant herein was declared as an elected candidate from the Mira Bhayandar Constituency.

4. The opponent (original petitioner) thereafter filed the present Election Petition challenging the election of the applicant on 2nd December 2014. The applicant thereafter filed the present application under Order VII R.11 of the Code of Civil Procedure, 1908 and under S.81 and S.83 read with S.86 of the Representation of the People Act, 1950 (the Act) for its dismissal on 8.9.2015. The opponent (original petitioner) filed an affidavit - in - reply dated 22.10.2015 to the present application.

5. During the course of arguments of the present application, the applicant had filed an application No.4 of 2016 for amendment of the present application i.e. Application No.22 of 2015 and the same was allowed by an Order dated 6th October 2016. The applicant thereafter incorporated an additional ground No.6 (a) - (1). The opponent (original - petitioner) filed an additional affidavit - in - reply dated 8.12.2016 to the amended ground on 24.12.2016.

6. The present application is filed mainly on the grounds viz. breach of the mandatory provisions of the Representation of People Act; non - disclosure of any cause of action on account of absence of documentary evidence as the exhibits cannot be read due to defective verification and the absence of even a semblance of any triable issue due to the invalidity of the exhibits. It is further contended in the application that, the present Election Petition is fraught with omissions of a vital nature in a misguided attempt to sustain a wholly misconceived challenge to a sacrosanct electoral process conducted in accordance with law

7. The opponent (original petitioner) has filed the affidavit - inreply and additional affidavit - in - reply as noted hereinabove. The reply of the opponent (original petitioner) proceeds on general denials and specific denials. It further appears that, the opponent has given certain admissions which are vital in nature.

8. Mr. S.M. Gorwadkar, the learned Senior Counsel appearing for the applicant submitted that, the applicant (Original Respondent No.1.) has filed the present application for the limited purpose of rejection of the Election Petition at the threshold for non - compliance of the mandatory provisions of the Representation of the People Act, 1950 which renders the petition not maintainable and liable to be dismissed with cost. That for the same reason the petition has become devoid of cause of action and devoid of essential basis for its maintenance.

He submitted that, the elections were held on 15.10.2014 and its results were declared on 19.10.2014. That the limitation of 45 days to file the petition would have been come to an end on 3.12.2014. That the petition was presented on 2.12.2014, however, on