ANITA CHANDRA Vs. MEM BAI

JUDGEMENT

(1.) RESPONDENT No. 1 is an elected Panch of Gram Panchayat - Kirari, Block - Malkharoda. Her election was called in question by the petitioner, a defeated candidate, by filing an Election Petition under Section 122 of the Panchayat Raj Adhiniyam, 1993. The aforesaid Election Petition was registered as E.P. No. 5/A-89 (21)/ 09-10 before respondent No. 3/Specified Officer. The Election Petition was filed on 6-2-2010. Notices were directed to be issued on the same day. Process Fee was also paid. After service of the notice, respondent No.1 appeared and filed preliminary objection on 15-3-2010. The preliminary objection was in relation to non-payment of process fee for service of respondent No. 2 and non- impleadment of the Presiding Officer as a party respondent in the Election Petition. The Specified Officer/respondent No. 3, after hearing the arguments on the preliminary objection, allowed the same and dismissed the Election Petition vide impugned order dated 17-5-2010.

(2.) MR. Awadh Tripathi, learned counsel appearing on behalf of the petitioner, in light of the provisions of Rule 11 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short "the Rules, 1995"), would submit that this preliminary objection was not maintainable and P.F. for appearance of respondent No. 2 was already paid; therefore, the dismissal of Election Petition, upholding the preliminary objections on the above grounds, was wholly unjustified.

(3.) ADMITTEDLY, the Rules relating to procedure of Election Petitions filed under Section 122 of the Panchayat Raj Adhiniyam, 1993, are Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. Rule 11 of the aforesaid Rules prescribes 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.