- (1.) One Sri Rajendra Prasad Dwivedi claiming himself to be an elector in Assembly constituency No. 325 (Mahoba) Distt. Hamirpur, to which the present Election petition relates, has given notice regarding his intention to give evidence in the above election petition to prove that the election of the petitioner would be void if he had been the returned candidate. This notice, which was accompanied by a statement and particulars stayled as recriminatory petition, under Section 97 of the Representation of the People Act, 1951 (for brevity hereinafter referred to as "the Act") was presented before the Registrar of this Court on 1-11-1991. The recriminator was identified by Sri Prabhakar Bisoni, an advocate before the Registrar.
(2.) This Court on 28-11-1991 directed for giving notice to Sri Rajendra Prasad Dwivedi the recriminator fixing 19-12-1991. The notices were sent by registered post with A/C, but the recriminator did not appear and accordingly, this Court on 20-12-1991 held the service sufficient and directed the said notice of intention to be put on 13-1-1992 for orders. On that day also the recriminator did not appear and, therefore, the said notice of intention along with the recriminatory petition is put up before this Court today for orders.
(3.) Section 97 of the Representation of the People Act, 1951 is as extracted below :- "Recrimination when seat claimed :- (1) When in an election petition a declaration that any candidate other than returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been a returned candidate and a petition had been presented calling in question as election. Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within 14 days from the date of commencement of the trials, given notice to the High Court or his intention to do so and has also given the security and the further security referred to in Sections 117 and 118 respectively. (2) Every notice referred in Sub-Section (1) shall be accompanied by the statement and the particular required by Section 83 in the case of election petition and shall be signed and verified in the like manner." ;