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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7000 of 2004

PETITIONER:

Kailash

RESPONDENT:

Nanhku & Ors.

DATE OF JUDGMENT: 06/04/2005

BENCH:

CJI R.C. Lahoti, D.M. Dharmadhikari & P.K. Balasubramanyan

JUDGMENT:

J U D G M E N T

R.C. Lahoti, CJI

Facts in brief

Elections of Uttar Pradesh Legislative Council were held

pursuant to the Presidential notification dated 7.11.2003. The

appellant was declared elected. Respondent No. 1 filed an

election petition under Section 80 of the Representation of the

People Act, 1951 (hereinafter ’the Act’, for short) laying

challenge to the election of the appellant.

The appellant was served with the summons, accompanied

by a copy of the election petition, requiring his appearance

before the Court on 6.4.2004. On the appointed day, the

appellant appeared through his counsel and sought for one

month’s time for filing the written statement. The Court allowed

time till 13.5.2004 for filing the written statement. On

13.5.2004, the appellant again filed an application seeking

further time for filing the written statement on the ground that

copies of several documents were required to