GURMIT SINGH Vs. RAJ KUMAR AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 16.10.2015 passed by Election Tribunal (DC), Mansa vide which the preliminary arguments raised on behalf of the petitioner in respect of non-maintainability of the petition were rejected and the case was kept for evidence of the petitioner.

(2.) Election for the post of Municipal Councillor of Ward No.6 of Nagar Panchayat, Joga, District Mansa took place on 25.02015. Petitioner was successful in the said election. Respondents No.1 and 3 remained unsuccessful. Respondent No.1 filed an election petition before the Election Tribunal-cumDeputy Commissioner, Mansa. Petitioner and other respondents filed replies to the election petition by taking preliminary objections with regard to non-maintainability of the election petition being violative of mandatory provisions of Sections 76, 77, 78 and 80(1) of the Punjab State Election Commission Act, 1994.

(3.) The objections raised by the petitioner in respect of non-maintainability of election petition were in respect of noncompliance of conditions of Sections 76, 77 and 78 of the Punjab State Election Commission Act, 1994. Each and every page of the election petition and the documents attached thereto were required to be signed by the election petitioner. The copy of the petition supplied to the returned candidates was not endorsed with a certificate of 'attested to be true copy' on each and every page as required under Section 78(2) of the Punjab State Election Commission Act, 1994. All the Electoral Officials were not impleaded as party to the election petition. Lastly, respondents No.3 and 4 were impleaded as party by showing Presiding Officer as Returning Officer and Returning Officer as Presiding Officer. On the basis of aforesaid mandatory requirement, objections were filed on behalf of the petitioner to show that the election petition was not maintainable for want of mandatory requirement of law. The objections have been rejected by the Election Tribunal solely on the ground that the objections shall be decided after collecting evidence.