KOTA HARIPRASAD Vs. LEGADAPATI VENKATAIAH

JUDGEMENT

(1.) Heard learned Counsel for the parties. This is a writ appeal against the judgment of a learned Single Judge of this Court in WJ.No.7822 of 2002.

(2.) The appellant's election as Sarpanch of Parchur Gram Panchayat was challenged by the 1st respondent herein in an election petition before the Election Tribunal-cum-Prinicipal Junior Civil Judge, Parchur. The elected appellant filed an application for dismissing the election petition on various grounds. The only ground which was agitated before the learned Single Judge and which has been agitated before us was that the election petition was not verified in terms of Order 6, Rule 15 of the Civil Procedure Code. The Election Tribunal allowed the application. That order was challenged by way of writ petition. The learned Single Judge of this Court reversed the order of the Election Tribunal and gave liberty to the 1st respondent to take steps for rectification of the defects. The defect which is the subject-matter of controversy is that the 1st respondent stated in the verification,

(3.) The case of the appellant was that the 1st respondent has omitted to verify the paragraphs I to III, whereas the case of the 1st respondent was that due to typographical mistake the words "I to" have been omitted. Now the only question before us is whether this deficiency could be corrected or not. The learned Counsel for the appellant submits that the learned Single Judge committed a mistake by holding that this was a mistake which could have been corrected, as it was not a curable defect.