RANI AGRAWAL Vs. AJAY KUMAR PATHAK

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the learned Single Bench on 16.9.2016 whereby an order passed on an application filed by the elected candidate in terms of the Order 7, Rule 11 C.P.C. by the Specified Officer, was set aside.

(2.) The appellant (Smt. Rani Agrawal) is an unsuccessful candidate for the election of Zila Panchayat, Singrauli, wherein the respondent No.1 (Ajay Kumar Pathak) in the present appeal was declared to be elected candidate. Smt. Rani Agrawal filed an election petition against the election of Shri Ajay Kumar Pathak. In the said petition, the elected candidate filed a petition under Order 7, Rule 11 of the C.P.C. to assert that the presentation of the election petition is not before the Specified Officer, but, before the Superintendent of its Office, therefore, it is not a proper presentation. An additional ground was taken that the rules contemplated presentation by the person filing the election petition personally, but, it has not been filed either by the candidate or by a person authorised to do so. Such application filed by the elected candidate was dismissed by the Specified Officer, but, such order has been set aside by the learned Single Bench.

(3.) Aggrieved against the order of the learned Single Bench, the election petitioner is before this Court in appeal.