SWARAN SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) Kashmir Singh filed petition under Section 176(4)(b) of the Haryana Panchayati Raj Act, 1994 in the Court of Additional Civil Judge (Senior Division), Kurukshetra whereby he has questioned the election of Swaran Singh to the office of Sarpanch, Gram Panchayat Mughal Majra. Swaran Singh has filed written statement to the election petition.

(2.) Swaran Singh made an application on 29-9-2000 whereby he sought the dismissal of the election petition on two grounds namely; (i) that the election petitioner has not given as many copies of the petition as there are the respondents and each copy is not duly certified/attested/duly signed by the election petitioner; and (ii) that the election petition is bad for misjoinder of parties inasmuch as none else but the contestants could be arrayed as respondent whereas in this election petition, the election petitioner has arrayed Shri Maya Ram, Returning Officer as well. It was stated in this application that both these provisions are mandatory as such the election petition was bad and deserved to be dismissed. Vide order dated 3-11-2000, Additional Civil Judge (Senior Division), Kurukshetra dismissed this application.

(3.) Not satisfied with this order, Swaran Singh (returned candidate) has come up in revision to this Court under Article 227 of the Constitution of India read with Section 115/151, C.P.C.