MANDEEP KAUR Vs. TEJ PAL

JUDGEMENT

(1.) Present revision petition has been filed challenging order dtd. 29/8/2023 whereby the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the election petition filed by the respondent under Sec. 176 of the Haryana Panchayati Raj Act, 1994 has been dismissed.

(2.) Respondent No.1 herein had filed an election petition challenging the election of the petitioner herein. The petitioner herein filed an application under Order VII Rule 11 CPC for rejection of the petition on the following ground :

(3.) Reply was filed to the said application. Vide the impugned order dtd. 29/8/2023 the said application was rejected on the ground that none of the grounds as enunciated under Order VII Rule 11 CPC for rejection of a plaint were made out. The argument of the petitioner that at the time of filing of the election petition respondent No.1 had not complied with the mandatory provisions of filing the petition, was rejected relying on the judgment of this Court in the case of Seema Devi vs. Suman & Ors. [2017(1) RCR (Civil) 349]. Aggrieved by the same, the present revision petition has been filed by the petitioner.