PINKY SHIVRAJ SHAH Vs. AMBIKA MARKAM

JUDGEMENT

(1.) By filing preliminary objections, the respondent has challenged maintainability of the election petition. The respondent has also taken preliminary objection relating to maintainability of the petition in her written response. Substantially the respondent has objected maintainability of the petition on the following grounds :- (1) The petitioner has failed to verify the petition in accordance with Order 6, Rule 15 of the Code of Civil Procedure, 1908 (for short 'the Code', especially in terms of clause (4) of Rule 15 of the Order 6 of the Code. (2) The petitioner has challenged election in terms of clause (d) of sub-section (1) of Section 100 of the Representation of the People Act, 1951 (for short "the Act") on the ground of improper acceptance of nomination of the respondent, but has not pleaded full and material particulars required for nomination of the respondent, illegality committed by the respondent and authority concerned and further not proved that in absence of such material, the petition is liable to be dismissed under Section 86(1) of the Act.

(2.) As per pleadings of the petitioner, the petitioner along with the respondent and other eight candidates contested election of the State Assembly as a candidate of Constituency No. 56, Sihawa. For contesting the election, the respondent has filed her nomination as required in Rule 4 of the Conduct of Elections Rules, 1961 (for short 'the Rules'). The respondent was under obligation to furnish correct information, but she has deliberately concealed her age and has shown her age as 48 years, however, her date of birth is 30-10-1958. She has submitted the details of her property owned by her name as well as the property owned by joint family, but has not complied with the provisions of the Constitution of India, the Act and the rules made thereunder, especially relating to details of property situated at village Gattasilly. The respondent has also concealed the source of her income and has not accounted for the Tavera motor vehicle which stands in the name of her son who is dependant upon her and thereby concealed the truth and has failed to comply the mandatory provisions. The Returning Officer has improperly accepted her nomination which has materially affected the election.

(3.) By filing response to the petition and by filing preliminary objections, the respondent has objected maintainability of the petition on the grounds mentioned in para 1 of this order.