SUNITA Vs. DEPUTY COMMISSIONER-CUM-DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 30.03.2019 passed by Civil Judge (Junior Division), Bhiwani, vide which application under 7 Rule 11 CPC for rejection of election petition filed by the petitioner was dismissed.

(2.) Petitioner filed an application for rejection of election petition on the ground of non-compliance of provisions of Sub Section 2 of Section 176 of the Haryana Panchayati Raj Act, 1994.

(3.) Earlier an order was passed by the Election Tribunal on 12.02.2016, whereby the application filed by the petitioner under 1 of 3 Order 7 Rule 11 CPC for rejection of plaint was allowed. Against the said order, CR No.6626 of 2016 titled Suman Vs. The Deputy Commissioner-cum-District Election Officer (Panchayat)Bhiwani and others was filed in the High Court and the same was allowed vide order dated 10.01.2019. While deciding the aforesaid revision petition, the Co-ordinate Bench relied upon judgment of Hon'ble Apex Court and High Court and held that the Act does not envisage any mandatory requirement of law and in case, the election petition was filed without the presence of the petitioner, the defect is curable and it does not entail in dismissal of the election petition. The direction was issued to the Election Tribunal to decide the controversy expeditiously as possible preferably within a period of 10 months from the date of receipt of certified copy of that order. The said period is going to expire in the month of November 2019.