- (1.) This appeal under Section 116-A of the Representation of the People Act, 9 1951 (for short 'the Act) is against the order dated 10/8/1990 passed by the high court of Allahabad in Civil Miscellaneous Application No. Nil of 1990 in election Petition No. 17 of 1990.
(2.) The brief facts which have given rise to this appeal are thus.
(3.) The general election in respect of 306 Bardana U. P. Assembly constituency was held in 1989. The appellant herein was a candidate of the Indian National Congress opposed by the first respondent who was a candidate from Janata Dal. There were in all 11 contesting candidates including the appellant. Respondent 1 was declared elected. The election of the first respondent was challenged by the appellant under S. 80-A and 81 of the act on various grounds, praying to set aside the election of Respondent 1 and also to declare that he be declared elected from that constituency. All the contesting candidates were made parties to that petition. The first respondent filed an application praying inter alia for dismissal of the election petition on account of non-compliance of the mandatory provisions of Section 82 of the Act and the rules framed thereunder. The main ground taken in that application in paragraph 12 reads as follows: "That the petition is also liable to be thrown out on the ground that respondent 10 who has been shown as Sanjay Kumar, which is wrong. In fact, the real and correct name of Respondent 10 is Sanjive Kumar and as such there is no proper service on account of wrong description of the name of Respondent 10. ";