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2023 Supreme(Online)(Kar) 29927

PRINCIPAL BENCH AT BENGALURU
SRI G DEVARAJEGOWDA – Appellant
Versus
SRI PRAJWAL REVANNA @ PRAJWAL R – Respondent


I.A.No.8/2019 is filed by respondent No.1 under section

86(1) of the Representation of People Act, 1951 (hereinafter

referred to as “RP ACT”) seeking dismissal of the Election

Petition for non-compliance of provision of section 81(3) of the

RP Act and proviso to sub-section (1) of section 83 of the RP Act

read with Rule 94A of the Conduct of Election Rules (hereinafter

referred to as the “Rules”).

2.

I.A.No.6/2019 is filed by respondent No.6 under

Order 7 Rule 11 r/w. 151 of CPC seeking dismissal of the

Election Petition as the same is barred by time as prescribed

under section 86(1) of RP Act.

3.

Respondent No.1 in his affidavit filed in support of

I.A.No.8/2019 has averred that the election petition was

5

presented on 26.06.2019 with major and substantial defects like

non-payment

of

court-fees,

defective

verifying

affidavit,

defective verification of pleadings, unattested annexures in the

copies to the respondents, unattested copies of election petition

to be served on the respondents, non-attestation of the copies

before Notary, improper marking of annexures and many other

major defects as pointed out by the Office in the order-sheet

produced at Annexure-‘R1-37’. It is stated

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