DWARIKA YADAV Vs. AHEER BALRAM SINGH

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by order dated 29.12.2015, Annexure P/1, passed by the Sub Divisional Officer (Revenue), Specified Officer Cum Election Tribunal, Karera, Distt. Shivpuri, whereby the said Election Tribunal accepted the application under Order 6, Rule 17 CPC by wrongly mentioning it as Cr.P.C.

(2.) Brief facts leading to the present case are that an Election Petition has been filed before the said Election Tribunal by respondent No.1- Balram Singh. This Election Petition, as has been enclosed by the petitioner, did not contain either verification or an affidavit in support of or in lieu of the verification, and therefore, according to the petitioner, in terms of the provisions contained in Rule 5 (c) of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership), Rules 1995 (for brevity "the Rules of 1995"), an Election Petition is to be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verifications of pleadings.

(3.) It is submitted by the learned counsel for the petitioner that verification of the pleadings cannot be substituted by moving an application under Order 6, Rule 17 CPC subsequently, and therefore, such petition was not maintainable inasmuch as the provisions contained in Rules of 1995 are mandatory and if their compliance is not made, then such petition is liable to be dismissed. Learned counsel for the petitioner has placed reliance on the decision of this Court in the case of Dr. Omprakash Soni v. Ashok Kumar Bhargava and ors as reported in 1996 AIR (MP) 43 wherein it has been held that the compliance of Rule 3(2) of the M.P. Panchayat Raj (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1990, which provides for attestation of the petition by Election Petitioner, is a mandatory requirement and since Rules in question are mandatory, failure would lead to summary dismissal of the Election Petition. He has placed reliance on the judgment of this Court in the case of Uday Singh v. Himmat Singh and others passed in W.P.No.5002/1996 decided on 9.2.1998 wherein the same issue has been considered.