KIMATI Vs. SMT. KRISHNA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed present revision petition under Article 227 of the Constitution of India impugning the order dated 17.04.2017 (Annexure P-5) passed by learned Civil Judge (Junior Division), Rewari, whereby the application under Order 7, Rule 11 CPC for rejection of the plaint filed by the applicant-defendant No. 4 Smt. Kimati (petitioner herein), was dismissed.

(2.) Briefly stated, plaintiff Smt. Krishna (respondent No. 1 herein) had filed an election petition titled as "Krishna v. District Panchayat Election Officer-cum-Deputy Commissioner, Rewari and others challenging the election of petitioner Smt. Kimati to the office of Panch of Gram Panchayat, Ambarpur, Block Rewari. The election to the office of the Gram Panchayat was held on 10.01.2016 for which nominations were filed between December 23, 2015 to December 29, 2015. As per the election petition, defendant No. 4 Smt. Kimati (petitioner herein), who was elected as a Panch, was disqualified as she had furnished wrong facts in the nomination form. During pendency of the petition, defendant No. 4 Smt. Kimati (petitioner herein) had filed an application under Order 7, Rule 11 CPC for rejection of the plaint taking various grounds including the fact that no cause of action has accrued to plaintiff Smt. Krishna (respondent No. 1 herein) to file the election petition as an election petition can be filed on the two grounds i.e. (i) returned candidate committed a corrupt practice within the meaning of sub-section(5) of Section 176 of the Haryana Panchayati Raj Act, 1994; and (ii) some irregularities or illegalities were committed during the course of counting. However, no such allegation has been levelled by the plaintiff in the election petition and, therefore, the plaint was liable to be rejected.

(3.) The plaintiff (respondent No. 1 herein) filed reply to the said application controverting the averments made in the application.