ANIL PAHAR Vs. SUBHAS MAHATO

JUDGEMENT

(1.) An application raising an Election Dispute under S.204 of the West Bengal Panchayat Act (hereinafter referred to as the said (Act)) which was registered as Misc. Case No. 69 of 1983 being dismissed by the learned Munsif, Purulia. By an order dt. Nov. 28, 1983, the applicant has challenged the said order in a revisional application. The revisional application is being heard as a contested application.

(2.) The petitioner contested the election for the post of Chatumadar Gram Panchayat Prodhan held on Aug. 10, 1983, but on the declared result thereof lost to opposite party No. 1. On Aug. 20, 1983, the petitioner instituted the aforesaid Election Dispute case by filing an application under S.204 of the said Act in the court of the learned Munsif, Purulia who is the tribunal constituted under the Act for adjudication of such a dispute. The opposite party appeared and raised a preliminary objection that since no notice under S.80(1) of the Civil P.C. had been served upon the Government and the Polling Officer nor any leave had in the alternative been obtained, the election petition is not maintainable. Such an objection having been upheld by the learned Munsif, he has dismissed the election petition without going into the merits. Feeling aggrieved the petitioner has moved this court in revision and the only point which arises for our consideration is as to whether an applicant under S.204 of the said Act is required to comply with S.80 of the Code in the matter of preferring an election petition.

(3.) Mr. Bhunia appearing in support of this revisional application has contended that the election case not being a suit, S.80 of the Code can have no application. Moreover according to Mr. Bhunia in the disputed proceeding, all the relief that has been claimed is against the opposite party No. 1 and none against the Government nor against any public servant, hence S.80 of the Code even on its terms can have no application. The learned Advocate for the opposite party has contested the points thus raised by Mr. Bhunia.