STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan in a landmark judgment challenging the election of Rahspal Singh by an independent candidate, while dismissing the election petition held that in an election petition, attestation of every copy of election petition by the petition is mandatory.
This significant direction has been passed while taking up an election petition filed by Ashok Kumar Sharma who challenged the election result of 2008 in which Rashpal Singh of National Conference was declared elected.
Ashok Kumar Sharma, while appearing in person sought annulment of election results on the ground that on the date of filing of the nomination paper as also on the date of scrutiny and even on the date of election, the winning candidate was holding a contract with Government of Jammu and Kashmir through Excise Department and a huge amount was outstanding against him which was payable to the Department. It was further alleged that the truck load of blankets, ration, clothes etc. were distributed by winning candidate to the electorates either personally or through his family members or through his agents and also through the official machinery conducting or supervising the polls.
Advocate D.S Chauhan appearing for the National Conference winning candidate Rashpaul Singh argued that the petitioner failed to attest and verify every copy of election petition under his own signatures as regards the number of respondents so as to construe every such copy to be true copy of the petition in terms of Sections 89, 90 and 91 of the J&K Representation of People Act, 1957.
Justice Tashi Rabstan, while dismissing the election petition held that the law laid down by Supreme Court of India that requirement of attestation of
every page of copy of election petition by the petitioner “under his own signatures” is mandatory one, non-compliance with the provisions of Section 89 (3) of the J and K Representation of People Act, 1957 renders the election petition liable to be dismissed under Section 94 (1) of the Act.
