- (1.) Civil Misc. Application No.124342 of 2014 has been filed by the election petitioner with a prayer that the Court may dispense with the requirement of publication of the notice of the election petition in the newspaper. Rule 6(b) of Chapter XV-A of the Allahabad High Court Rules, 1952 (the Rules) requires such a publication and the Court also on 22 August 2014 had directed for publication of the notice in a newspaper to be selected by the Registrar of the High Court.
(2.) This election petition was presented before the Registrar of the Court on 5 June 2014 with a prayer that the election of the returned candidate from 35, Lucknow Parliamentary Constituency area be declared null and void and to determine whether the petitioner is eligible to contest the election as a candidate and if eligible then to compensate the petitioner for the sufferance faced by him.
(3.) Rule 1 of the Rules provides that the provisions of Chapter XV-A shall govern the trial of election petition under the Representation of the People Act, 1951 (the Act). Rule 3 provides that every election petition shall be presented to the Registrar. Rule 5 deals with issuance of notice to respondent and Rule 6 deals with process fee and charges. Rules 5 and 6 are reproduced below : "5. Issue of notice to respondent.--The election petition shall be laid before the Bench so constituted without delay, and unless it is dismissed under sub-section (1) of Section 86 of the Act or for being otherwise defective, the Bench may direct issue of notice to the respondent to appear and answer the claim on a date to be specified therein. Such notice shall also direct that if he wishes to put up a defence he shall file his written statement together with a list of all documents, whether in his possession or power or not, upon which he intends to rely as evidence in support of his defence on or before the date fixed; and further, that in default of appearance being entered on or before the date fixed in the notice the election petition may be heard and determined in his absence. The notice shall be in Form No.34-A. 6. Process fee and charges.-- (a) Notice for the respondent shall issue by ordinary process and simultaneously by registered post. (b) Notice of the election petition shall also be simultaneously published in a newspaper selected by the Registrar. (c) Notices, process fee, charges and a sum of Rs.250 as an initial deposit on account of the cost of publication in a newspaper shall be supplied by the petitioner within seven days of the order directing notice to issue. In default, the election petition shall be laid before the Bench for orders. The Bench may reject the election petition unless for sufficient cause if grants further time. (d) Where the cost of publication in a newspaper exceeds to Rs.50 the Registrar shall call upon the petitioner to deposit the excess amount in Court within the time to be fixed by him. On failure of the petitioner to deposit such costs, the petition shall be laid before the Bench for such orders as the Bench may think fit. In case the cost of publication is less than Rs.50 the petitioner shall be entitled to refund of the amount in excess.";