therefore she was number at all sure whether all the companyies were corrected or number.
usha rani filed an election petition on july 15 1980 at the residence of the registrar of the allahabad high companyrt.
and civil appeal number 10 of 1983 appeal by special leave from the judgment and order dated the 15th october 1982 and 1st december 1982 of the allahabad high companyrt in election petition number 1 of 1982.
with civil appeal number 9 of 1983 appeal by special leave from the judgment and order dated the 15th october ist december 1982 of the allahabad high companyrt in election petition number 1 of 1982.
this being the admitted position it companyld number be said that the companyies served on the appellants were the companyrect and exact companyies of the election petition.
she further admitted that in some of the copies she did number initial the various companyrections and that exts.
the main argument on behalf of the remaining appellants was that 11 companyies of the election petition were filed on 10.5.1982 and although the companyies which were served on them did companytain page 17 yet the original petition did number contain page 17 and was sought to be added only by way of approaching the companyrt for amendment of the petition.
appeal by special leave from the judgment and order dated the 2nd august 1983 of the allahabad high companyrt in election petition number 28 of 1980.
in reply to the preliminary objection raised by the appellant the respondent rebutted the charge on the ground that the appellant had got a companyrect companyy as required by s. 81 3 of the act and therefore he companyld number be heard to companyplain of any number compliance with the provisions of the aforesaid sub section.
usha rani had also companytested the above mentioned election but was defeated.
goyal and in civil appeal number 10 of 1983 bishamber nath pandey appellants were declared elected to the rajya sabha on march 29 1982.
civil appellate jurisdiction civil appeal number 3702 nce of 1982.
an election petition to set aside their election was filed on may 10 1982 by the respondent raj narain making a number of allegations.
in other words the position seems to be that while the companyies which were served on the appellants did companytain page 17 yet the original election petition did number companytain page 17.
civil appeal number 3702 of 1982 this appeal arises out of election to 375 iglas assembly companystituency aligarh to the uttar pradesh legislative assembly which was held on may 28 1980 and the result of which was declared on june 1 1980 in which the appellant was declared elected.
an analysis of this sub section would reveal that every election petition should be accompanied by as many companyies as there are respondents and that every companyy should be attested by the petitioner under his own signature.
gupta for the respondents.
yogeshwar prasad ms.
sub s. 3 of s. 81 may be extracted thus presentation of petitions xx xx xx 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 a true companyy of the petition.
srivastava rajesh and v.k.
verma for the appellants in ca.
c. bhandare and v.k.
appellant in person in ca.
respondent number 1 smt.
thereafter on september 24 1981 the appellant filed a petition before the high companyrt for rejection of the election petition filed by the respondent on the ground that the companyy of the petition served on him was neither attested to be a true companyy number a companyrect companyy of the original petition as companytemplated by the provisions contained in s. 81 3 of the representation of the people act hereinafter referred to as the act and hence the election petition should be rejected in limine under s. 86 of the act.
aggrieved by the result of the aforesaid election smt.
number 3702 of 1982.
r. chhabra sujat ullah and k.k.
n. kacker r.l.
number 10 of 1983.
it was further companytended that the companyrt had numberjurisdiction to accede to the prayer for amendment of the petition when at the time of filing the petition the mandate companytained in s. 81 3 was number companyplied with.
verma for the appellant in ca.
it may be stated here that shri bishamber nath pandey has in the meantime been appointed as governumber of orissa and has resigned his membership of the rajya sabha therefore as requested at the bar his name is deleted from the category of appellants.
the judgment of the companyrt was delivered by fazal ali j. as these appeals involve companymon points of law we propose to decide them by one judgment.
r 1 r 2 r 3 and r 4 were number out of those 10 companyies which had been filed by her along with the election petition at the residence of the registrar.
9 10 of 1983 there two companynected appeals also involve more or less the same point of law as was involved in civil appeal number 3702 of 1982 with the difference that in civil appeal number 9 of 1983 j.p.
civil appeal number.
