JAGMOHAN CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 29/10/2020 whereby the election petition preferred under Sec. 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam, 1993") has been rejected accepting the ground raised by way of preliminary objection.

(2.) It is submitted that against the selection of the Sarpanch of respondent No.5, the petitioner who was also contesting candidate filed an election petition under Sec. 122 of the Adhiniyam, 1993. During such proceeding before the S.D.O., who is competent authority, an objection was preferred by Annexure P-4 that the election petition is not maintainable on different grounds. Predominant ground was projected that the copy of election petition which was supplied the endorsement with the word "attested and true copy" was not scribed which is required under Rule 3(2) of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification For Membership) Rules, 1995 (hereinafter referred to as "the Rules, 1995"). The learned S.D.O. after hearing the parties accepted the preliminary objection dismissed the entire petition filed under Sec. 122 of the Adhiniyam, 1993 by holding that the copy of the petition which was supplied by the petitioner to the opposite party was not endorsed with word attested to be certified copy, which is mandatory under the Rules.

(3.) Learned counsel for the petitioner would refer to the election petition which is placed on record as Annexure P-3 and submits that the copy of petition itself was bearing the signature of the petitioner. Therefore, even if the word "it is attested true copy" of the original petition has not been scribed, it will not make any difference and the law laid down in 2006 (3) M.P.L.J. is answer to the dispute. Therefore, the order of the S.D.O. be set aside and the case be remanded back for hearing before the S.D.O.