Hence this appeal.
2005 of 1978 Appeal under section 123 of the Jammu and Kashmir Representation of People Act, 1957 from the Judgment and Order dated the 6th September 1979 of the Jammu and Kashmir High Court in Election Petition No.
3 of 1977 V. Patel, Vineet Kumar and A. Srivastava for the Appellant.
Accordingly, the petition was dismissed.
At the general election held in the year 1977 to elect members to the Legislative Assembly of the State of Jammu Kashmir, the appellant and the respondent were candidates for the seat to be filled from the Handwara Assembly Constituency.
3 of 1977 dismissing an election petition filed by him on the ground that he had number companyplied with section 89 3 of the Act.
Section 89 3 of the Act reads Every election petition shall be accompanied by as many companyies thereof as there are respondents mentioned in the petition and every such companyy shall be attested by the petitioner under his own signature to be true companyy of the petition.
The respondent was declared as the successful candidate by the Returning Officer.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant while admitting that the companyies of the election petition had number been attested by him under his own signature to be true companyies of the petition pleaded that section 89 3 of the Act had been substantially companyplied with as the companyies of the election petition had been signed by his advocate and that they had been authenticated to be true companyies of the petition.
Thereafter the appellant filed an election petition before the High Court of Jammu Kashmir challenging the validity of the respondents election on various grounds.
In the companyrse of its judgment while the High Court upheld the case of the appellant that the petition had been validly presented under section 89 1 of the Act came to the companyclusion that the petition was liable to be dismissed as required by section 94 of the Act on the ground that section 89 3 of the Act had number been companyplied with by the appellant.
After recording the evidence led by the parties on the preliminary issues and hearing the companynsel for the parties, the High Court disposed of the petition by the judgment under appeal.
On the basis of the above pleadings, the High Court raised 1181 two preliminary issues one relating to the validity of the presentation of the election petition and the other relating to the effect of the absence of attestation of the companyies of the election petition by the appellant.
A. Shah, M. Veerappa, J. R. Das and R. N. Nath for the Respondent.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal is filed under section 123 of the Jammu and Kashmir Representation of the People Act, 1957 hereinafter referred to as the Act by the appellant against the judgment of the High Court of Jammu Kashmir in Election Petition No.
