HARPAL SINGH GAREWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD.

(2.) THIS petition is directed against the order dated 7.9.2006 passed by the 2nd respondent/Collector, by which the election petition of the petitioner has been dismissed.

(3.) LEARNED counsel for the petitioner submits that after the election petition was filed, notices were issued to the returned candidate, who filed his reply and raised preliminary objection with regard to the maintainability of the election petition. On 24.8.2006, the Collector heard the arguments on the preliminary objection and it was reserved for orders and thereafter, the Collector proceeded to pass order on merits of the case dismissing the election petition without allowing the petitioner to lead evidence and prove his case. LEARNED counsel for the petitioner contended that the election petition has been dismissed by the Collector in a very slipshod manner acting upon the denial made by the respondent No.4 and by holding that the petitioner has failed to place any documentary evidence on record nor submitted affidavit of independent person. In the submission of learned counsel for the petitioner, the election petition was liable to be tried and the petitioner ought to be allowed to lead evidence oral and documentary, upon framing of proper issues. Therefore, it is submitted that the impugned order is illegal and unsustainable in law.