ANJALUS Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) BY this petition, the petitioner seeks to challenge the legality and validity of the order dated 21.02.2011 (Annexure P-1) passed by the Sub Divisional Officer (Revenue), Kunkuri, District Jashpur, in Revenue Case No.20/A-89(21)/2009-10 (Anjalus v. Vinod & Others).

(2.) LEARNED counsel appearing for the petitioner submits that the petitioner filed an election petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, against the elected candidate i.e. Vinod on the allegation of corrupt practices committed by him. The respective parties filed their responses. However, the learned Sub Divisional Officer (Revenue) without appreciating the facts and circumstances of the case, in its letter and spirit, dismissed the election petition on the technical ground that the petitioner has not attested each and every document as required under the provisions of the Chhattisgarh (Election Petitions, Corrupt Practice and Disqualification for Membership) Rules, 1995 (for short "the Rules, 1995"). Thus, this petition.

(3.) RULE 8 does not contemplate any application or objection on the part of the respondents, as Specified Officer, as defined under rule 2(d) of RULEs, 1995, on verification, is under an obligation to dismissed the petition, if the same does not comply with the mandatory provisions of RULE 3 or RULE 4 or RULE 7 after affording an opportunity of being heard to the petitioner. The petitioner was afforded full opportunity. Even after written statement was filed by the respondents, the petitioner has not taken any steps to cure the defects, as the same was mandatory with the permission of the tribunal. Thus, the finding of the tribunal cannot be faulted with. The petition was rightly and legally dismissed.