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2019 DIGILAW 311 (RAJ)

Jagdish Kumar @ J. K. Shrimali v. Heera Ram Meghwal

2019-01-24

VINIT KUMAR MATHUR

body2019
JUDGMENT 1. Perused the office report and heard learned counsel for the petitioner. 2. Office has reported that the present election petition is within limitation, the petition contains pages 1 to 27 and index along with 6 extra copies of election petition containing 27 pages with index each duly attested by the petitioner to be true copies along with summons and prepaid registered A/D covers each stamped with Rs. 120/-. The petitioner also submitted the tender form regarding deposit of security of Rs. 2,000/- and list of documents. 3. In view of the above, according to learned counsel for the petitioner, the petitioner has complied with the requirement of Section 81 of the Representation of People Act, 1951 which requires filing of the petition within 45 days and according to the petitioner, the election results were declared on 11.12.2018, the election petition has been presented on 16.01.2019 and the last date for filing the election petition was 24.01.2019. The petitioner also has complied with the requirement of Section 81(3) of the Act of 1951 by submitting requisite sets of the petition for the respondents duly attested by the petitioner under his signature to be true copy of the petition. The petitioner has not sought declaration for declaring him to be elected candidate and he has impleaded necessary parties as required under Section 82(a) of the Act of 1951. However, since relief has been claimed which may require impleading the Election Commission of India, therefore, the Election Petition of India has been impleaded as party. The petitioner has deposited requisite amount required to be deposited under Section 117 of the Act of 1951. 4. There is no reason to dismiss the election petition at this stage, therefore, issue summons of the election petition to the respondents to appear before this Court on 25.02.2019 for filing written statement for settlement of issues. One set be sent by ordinary post and another by registered post. 5. Heard learned counsel for the petitioner for the prayer of preservation of the record of election of Bilara (S.C.)Legislative Assembly Constituency No. 131 till the disposal of the present election petition. 6. One set be sent by ordinary post and another by registered post. 5. Heard learned counsel for the petitioner for the prayer of preservation of the record of election of Bilara (S.C.)Legislative Assembly Constituency No. 131 till the disposal of the present election petition. 6. Taking into consideration the averments made in the election petition, I am of the view that as per Rules 93 and 94 of the conduct of Election Rules, 1961, it is ordered that the respondent No. 3-The Returning Officer, 131 Bilara (SC) Legislative Assembly (SDM), Bilara, District Jodhpur (Raj.) or the authority concerned shall keep and preserve all the election material of the Bilara (S.C.)Legislative Assembly Constituency No. 131, as it is and shall not be opened nor it may be given for inspection to anybody without the leave of the Court.