BAIJULAL VERMA Vs. ADDITIONAL COLLECTOR CHHINDWARA

JUDGEMENT

(1.) The petitioner has filed this petition assailing the legal validity of the order dated 10-1 -2007, passed by Additional Collector, Chhindwara whereby the election petition filed by the petitioner assailing the election of the private respondent as President of Janpad Panchayat Chourai, District Chhindwara has been dismissed on account of non-compliance of the provisions of Rule 3(2) of the Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as the 'Rules of 1995').

(2.) The brief facts leading to filing of the present petition are that the respondent No. 2 had contested and was declared the returned candidate for the post of President of Janpad Panchayat Chourai, District Chhindwara in the election which took place on 14-2-2005. The petitioner being aggrieved by the election of the respondent filed an election petition under the provisions of the Rules of 1995 before the prescribed authority. The reply was filed, matter was heard and, thereafter, written arguments were filed by the parties. The Election Tribunal, after hearing the parties, dismissed the election petition filed by the petitioner holding that the petition was filed in violation of the mandatory provisions of Rule 3(2) of the Rules of 1995.

(3.) It is submitted by the learned counsel for the petitioner that a defect of attestation is curable if it is established that there is substantive compliance of the provisions. In support of his submission, the learned counsel has relied upon judgments of the Supreme Court in the cases of T. Phunzathang v. Hangkhanlian and others, AIR 2001 SC3924 and Chandra/cant Uttam Chodankar v. Dayanand Rayu Mandrakar and others, (2005) 2 SCC188.