JASWANT SINGH Vs. NAGESHWAR SINGH

JUDGEMENT

(1.) Heard finally with the consent of learned Counsel for the parties.

(2.) The petitioner is an elected Sarpanch of Gram Panchayat, Gamhria, Janpad Panchayat, Ramchandrapur, Tehsil Ramnujganj Distt. Sarguja (C.G.). The election of the petitioner was called in question by respondent No. 1 by filing an election petition under Section 122 of Chhattisgarh Panchayat Raj Adhiniyam, 1993. In the said election petition, the petitioner filed an application under Order 7 Rule 11 of CPC for rejection of the petition on the ground that there was noncompliance of sub-rule (2) of Rule 3 of Chhattisgarh Panchayat (Election Petition, Corrupt Practice & Disqualification for Membership) Rules, 1995. By the impugned order dated 15-7-10, the respondent No. 9/Sub Divisional Officer after hearing arguments on the said application, directed that the application filed by the petitioner under Order 7 Rule 11 of CPC, shall be decided at the time of final disposal of the election petition.

(3.) Mr. Bhupendra Singh, learned Counsel appearing on behalf of the petitioner, argued that the Election Tribunal erred in law in directing for deciding the application filed under Order 7 Rule 11 f C?C at the time of final disposal of the election petition. His submission is that the said application would have been decided at the threshold because if the application is allowed, the entire election petition would be rejected.