9911796707
TMI Blog2000 (9) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... ok place on 7-2-1997 and after counting of votes on 9-2-1997, respondent No. 1 was declared elected. In view of the limited nature of controversy involved in this appeal, we are relieved of the necessity of giving breakup of votes or mention about other candidates, who had also contested the election. 3. The appellant filed an election petition seeking to declare the election of returned candidate void on various grounds and for a further declaration that the appellant be declared duly elected as Member of the Legislative Assembly after setting aside election of the returned candidate. In the election petition, two main corrupt practices were alleged to have been committed by the returned candidate -- on falling under Section 123(1)(A)(b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned candidate or his election agent or by an other person with the consent of the candidate or his election agent or any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of the candidate. 7. The election petition is singularly silent of any such averment that the returned candidate, even if, it be assumed for the sake of the arguments, had published and distributed certain documents, (Annexures A-1 to A-7), as alleged in the election petition either himself or through any other persons with his consent, that those statements were false and that the returned candidate either believed them to be false or did not believe them to be true, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat those allegations could not be put to trial either. There is no affidavit filed in support of the allegations of corrupt practice of bribery. 10. Proviso to Section 83(1) of the Act lays down, in mandatory terms, that where an election petitioner alleges any corrupt practice, the election petition shall also be accompanied by an affidavit, in the prescribed form, in support of the allegations of such practice and the particulars thereof. The affidavit, which has been filed in support of the election petition, does not at all deal with the charge of bribery falling under Section 123(1) of the Act. Leaving aside the questions that the affidavit is not even in the prescribed form - Form 25, of the conduct of Election Rules, the allegati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the returned candidate from being taken by surprise. In the absence of proper affidavit, in the prescribed form, filed in support of the corrupt practice of bribery, the allegation pertaining thereto, could not be put to trial the defect being of a fatal nature. 12. We also wish to note here that the learned Senior counsel appearing for the election petitioner in the High Court had on 14-7-1998 made a statement in the High Court that he was not pressing his prayer relating to recounting of votes. No other point was raised before us. 13. The learned Single Judge of the High Court dismissed the election petition on deciding Issue No. 5, which was treated as a preliminary issue and read thus: Whether the election petition lacks in mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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