DASHRATH KHUNTE Vs. SAMMELAL JANGDE

JUDGEMENT

(1.) . Challenge in this petition is to the order dated 14.07.2010 (Annexure P/1) passed by the Sub Divisional Officer (for short 'the SDO), Bilaigarh, in Panchayat Election Petition No. 3/A/89 (21)/2009-10, whereby the SDO has dismissed the objection filed by the petitioner.

(2.) SHRI Kalamkar, learned counsel appearing for the petitioner submits that since there was defect in filing of the election petition by the respondent No. 1, the petitioner filed an application for dismissal of the petition on the ground that the petition was not verified by the election petitioner. The said application was rejected and the respondent No. 1 was directed to file proper documents and supply a set of the said documents, to the petitioner.

(3.) FURTHER, in Kedar Shashikant Deshpande & Others2, the Supreme Court held that non-verification of the pleadings in the manner laid down in the Code of Civil Procedure for verification does not affect the jurisdiction of the Tribunal to entertain and decide a disqualification petition. Even otherwise, this defect is curable and not fatal.