(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: