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On 17th April, 1998 the Registrar of the High Court made the following report in regard to the election petition :
The petition was presented today by Dharampal Yadav (D.P. Yadav) in person duly identified by Sri Prem Prakash, Advocate. It is also accompanied with security money of Rs.2,000/-
(Rupees two thousand only) in the form of tender receipt. 31 copies attested by the petitioner himself to be true copies and 15 (fifteen) video cassettes. (Emphasis supplied.) The trial of the election petition was then assigned to the learned Judge who has passed the judgment and order under challenge. He, on 13th May, 1998, directed the issue of notices to the respondents to the election petition and said, It may also be indicated in the notification to be published that the copy of the cassettes which have been referred to in the election petition are lying with the Registry of this Court and the respondents, after appearance, may collect the same from the Registry. The Registrar may keep the cassettes in proper upkeep to avoid any interference in the versions recorded therein. On 26th October, 1998, an application was filed on behalf of the appellant for a copy of the video cassette referred to in Schedule 14. On 27th October, 1998, it was handed over to the appellants counsel in court, and the learned Judge noted the objection of appellants counsel that the sealed cover of the copy of the video cassette bore the signature of the first respondents advocate and there was no other signature or mark thereon. The learned Judge then directed the Registry to report whether, apart from the 15 copies of the video cassettes which had been filed along with the election petition, the original video cassette had been filed. On 16th November, 1998, the Registry of the High Court responded thus: In compliance with the Courts order dated 27.10.98 and 9.10.98 it is submitted that office has received only 15 (fifteen) Video Cassettes from the Chamber of the Registrar on 17.4.1998. Except 15 (fifteen) Video cassettes, office has not received any original video cassette with the Election Petition.
In November, 1998 applications were filed on behalf of the appellant raising preliminary objections to the maintainability of the election petition. On 14th December, 1998 the applications were heard. In the judgment and order thereon, the learned Judge noted the argument on behalf of the appellant that only 15 copies of the video cassette had been filed by the first respondent at the time of presentation of the election petition and that, therefore, one video cassette was short. The learned Judge held that although other annexures and Schedules were sought to be made part of the election petition, as averred, there was no such averment in respect of the video cassette in Schedule 14. He added, When these cassettes were not part of the election petition it must be held that the same were filed by way of evidence in support of allegations of the corrupt practice. The law does not require supply of copies available to the respondents and any short supply of these materials may not be described as non observance of Section 81(3) of the Act.

Whether or not Schedule 14 is an integral part of the election petition does not depend on whether or not the draftsman of the election petition has so averred. It has to be decided objectively, taking into account all relevant facts and circumstances. Schedule 14 is one of 25 Schedules which are, as a matter of fact, part of the bound election petition. In respect of each of these Schedules, except Schedule 14, it is averred that it is a part of the election petition. Each of these Schedules, other than Schedule 14, mentions, verifies and contains some paper or document which can be placed between the leaves of paper that comprise that Schedule and be bound with the election petition. Schedule 14 mentions and verifies a video cassette which cannot be placed between two leaves and be bound with the election petition. This is the explanation for the difference in the manner in which the averments relating to Schedule 14 and the other Schedules are made in the election petition. Clearly, the video cassette mentioned and verified in Schedule 14 is as much an integral part of the election petition as the papers and documents mentioned and verified in the other Schedules. Further, that the video cassette mentioned and verified in Schedule 14 is a part of the election petition and was intended to be such is evident from the affidavit of the first respondent verifying the allegations of corrupt practice made in the election petition. Therein, the first respondent has verified the correctness of what is stated in paragraph 83 of the election petition, which refers to Schedule 14 and which has been quoted above, and to Schedule 14 itself. Yet again, that the video cassette mentioned and verified in Schedule 14 is and was intended to be a part of the election petition is shown by the fact that 15 video cassettes which were copies of the video cassette mentioned and verified in Schedule 14 were filed in the High Court along with the election petition for being served upon the respondents thereto.

Ordinarily, what is shown upon the video cassette that is mentioned and verified in Schedule 14 would have been set out in the election petition and then that video cassette could have been said to be evidence of the allegations made in the election petition. As this election petition is drafted, there is no description of what is shown on this video cassette except to say that it shows booth capturing, violence and arson. As to booth capturing, there are particulars contained in the other Schedules but even in that regard the later paragraphs of the election petition make reference to Schedule 14 so that even in regard to booth capturing the particulars shown in the video cassette mentioned and verified in Schedule 14 are relied upon. So far as the allegations of violence and arson are concerned, there are no particulars in the election petition absent the video cassette mentioned and verified in Schedule 14.