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| Attestation of election petition's every copy mandatory: HC | | | Early Times Report
Jammu, June 29: High court judge Tashi Rabstan, while dismissing an election petition filed by an independent candidate, challenging the election of winning candidate, today held that in an election petition, attestation of its every copy by the petitioner was mandatory.
The court directive came in an election petition filed by Ashok Kumar Sharma who had challenged the election result of 2008 in which Rashpal Singh of NC was declared elected.
Ashok, while appearing in person sought annulment of election results on the ground that on the date of filing of the nomination paper as also on the date of scrutiny and even on the date of election, the winning candidate was holding a contract with J&K government through excise department and a huge amount was outstanding against him which was payable to the department.
It was alleged that the truck load of blankets, ration, clothes and other things were distributed by the winning candidate to the electorate either personally or through his family members or through his agents and also through the official machinery conducting or supervising the polls.
Rashpaul's counsel argued that the petitioner had failed to attest and verify every copy of election petition under his own signatures as regards the number of respondents.
Justice Tashi, while dismissing the election petition, held that the law laid down by Supreme Court of India was that requirement of attestation of every page of copy of election petition by the petitioner "under his own signatures" was mandatory and non-compliance with the provisions of section 89 (3) of the J&K Representation of People Act, 1957 renders the election petition liable to be dismissed under section 94 (1) of the Act. |
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