VIJAY LAXMI SADHO Vs. JAGDISH

JUDGEMENT

(1.) This appeal by special leave is directed against an order of the High Court of Madhya Pradesh dated 4th February, 2000 rejecting applications (I.A. Nos. 2806/99 and 5957/99) filed by the appellant, the returned candidate, seeking rejection of an election petition filed by the respondent challenging his election on various grounds contained in those applications.

(2.) In the elections to the Madhya Pradesh Legislative Assembly, held in 1998, the appellant was declared elected from Assembly Constituency No. 290, Maheshwar. The defeated candidate (Respondent herein) filed an election petition challenging his election on various grounds of commission of corrupt practices, detailed in paragraphs 5 to 17 of the election petition. The election petition had been drawn-up in Hindi language. The affidavit filed in support of the election petition was also drawn up in Hindi language.

(3.) The main objection projected by the appellant in IA 2806/99 to the main-tainability of the election petition was that since the affidavit filed in support of allegations of corrupt practice was not drawn up in the manner prescribed by Section 83(1) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') read with Rule 94-A (hereinafter 'the Rules') in the prescribed form No. 25 the defect was fatal and the election petition was liable to be dismissed under Section 86(1) of the Act for non-compliance with the provisions of Section 83 of the Act.