LAWS(ALL)-2012-4-54

REKHA Vs. VEERMATI

Decided On April 13, 2012
REKHA Appellant
V/S
VEERMATI Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.01.2012 passed by District Judge, Baghpat whereby objection with regard to defect in election petition on account of non-compliance of Section 80 C.P.C. has been rejected.

(2.) Besides that election petition is not defective for non-compliance of Section 80 C.P.C., this Court is also of the view that such objection cannot be raised at the instance of a private party if State has not taken such an objection.

(3.) This issue has been considered by a Special Bench of this Court in Sunni Central Board of Waqfs Vs. Sri Gopal Singh Visharad and others,2010 ADJ 1 and in the judgment delivered by myself (concurred by Hon'ble S.U. Khan, J. on this issue), it has been said: