- (1.)During the course of the proceedings of this Election Petition, first an application A-8 dated October 5, 1982, was moved seeking deletion of the names of two of the respondents, namely the Returning Officer, Pauri and the Chief Election Commissioner of India. The point raised through this application was taken as a preliminary point for adjudication and by order dated 9-11-1982 this Court allowed the application and directed the deletion of the names of these two respondents. The order was carried out. Now another application A-18 has been moved. It is dated 1-12-1983, and it is the disposal of this application, that is now being made through this order.
(2.)It is pointed out that under the provisions of Sec.81 of the Representation of the People Act, 1951 either the elector or the candidate but not both can present an election petition and the present election petition having been filed by an elector as well as a candidate cannot be held to be maintainable and is liable to be dismissed. In the alternative, even if it can be filed, then also separate security and separate court fee should have been filed and it should have been presented both by the petitioners and it not having been done, the petition is defective and should be dismissed. It is also further stated that since the election petition has not been signed by both the petitioners, and it has not been verified in the manner provided, nor has it been presented in accordance with Sec.81, and its copy has also not been verified and attested, hence also it is liable to be dismissed for non-compliance of Sec.81(3) of the Representation of the People Act and also under Sec.83 of the Act.
(3.)In addition to these objections against the maintainability of the election petition, it was orally averred that, in the election petition as it originally stood prior to the deletion of the names of the two respondents as mentioned above, unnecessary persons had been added as respondents and hence it amounts to non-compliance of the provisions of Sec.83 and for that reason also the election petition is liable to be dismissed.