JUMBARTHI KASIM ALIAS KASHIRAM Vs. BOMMIDI JAGANNATHAM

JUDGEMENT

(1.) THE 1st respondent filed election O. P. No. 1 of 2006 before the Court of Junior Civil Judge, at Metpalli, challenging the election of the petitioner, as Sarpanch of gram Panchayat, Ramalachakkapet Village. Notices were ordered and on receipt of notice, the petitioner filed I. A. No. 5 of 2007, under Order VI Rule 15 read with Order vii Rule 11 of C. P. C. In the affidavit, filed in support of the I. A. , the petitioner stated that the 1st respondent was under obligation to file an affidavit, as required under proviso to Section 26, read with rule 15 (4) of Order VI C. P. C. , and since the requirement was not complied with, the O. P. is liable to be rejected. The 1st respondent opposed the I. A. , by filing a counter-affidavit. Through its order dated 16. 3. 2007, the trial Court dismissed the I. A. Hence, this C. R. P.

(2.) SRI P. V. Narayana Rao, learned counsel for the petitioner, submits that the parliament had caused extensive amendments to C. P. C. , through Acts 46 of 1999 and 22 of 2002, and one of the important amendments to Section 26 of order XV C. P. C. , which made it mandatory that the contents of a plaint must be proved through an affidavit. He contends that an election O. P. , filed under the provisions of the A. P. Panchayat Raj Act (for short 'the Act'), and the Rules made thereunder, is governed by the provisions of the C. P. C. , and the petition ought to have been supplemented by an affidavit. Learned counsel points out that, since it is a serious irregularity of non-compliance, the O. P. itself was liable to be rejected.

(3.) SRI P. Pandu Ranga Reddy, learned Counsel for the 1st respondent, on the other hand, submits that the proceedings in which the election to the office of sarpanch are challenged; are governed by the Election Tribunals in respect of gram Panchayats, Mandal Parishads and zilla Parishads Rules, 1995, (for short 'the rules'), framed under the Act, and the requirement under Section 26 of CPC read with Order VI, does not apply to such petitions.