LAWS(CHH)-2011-9-29

PUNIMATI PARWATI BAI Vs. STATE OF CHHATTISGARH

Decided On September 12, 2011
PUNIMATI PARWATI BAI Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) SINCE W.P. (C) Nos.3106 & 4785 of 2011 arose out of same cause of action; they are being considered and decided by this common order.

(3.) RULE 11 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) RULEs, 1995 (for short "the RULEs, 1995") provides for procedure before the specified officer and his powers. It is prescribed that subject to the provisions of these rules, every election petition shall be enquired into by the specified officer as nearly, as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (for short "the CPC"), to the trial of suits. The proviso to sub-rule (1) of RULE 11 of the RULEs, 1995 provides that it shall only be necessary for the specified officer to make a memorandum of the substance of evidence of any witness examined by him.