WAJIDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rule heard forthwith with the consent of the counsel of the rival parties.

(2.) In an election petition filed by Wajida in the matter of election to the post of member of Zila Parishad Ward No. 23, Block Punhana District Mewat, the Election Tribunal rejected the election petition on the ground that the petition was presented by Advocate Habib Ahmed on 6/2/2016 and the petition was not presented by the petitioner in person as required by Sec. 176(1) of Haryana Panchayati Raj Act, 1994. The Election Tribunal, therefore, recorded the following reasons in paragraph 6 of the order which read as under:

(3.) Petitioner Wajida filed Civil Appeal No. 90 of 2017 before District Judge, Mewat at Nuh and the Appellate Court followed the same reasons as recorded by the trial Court i.e. with reference to the Raj Kumar's decision of this Court and in the case of Rampal v. State of Haryana and others to hold that appearance of the election petitioner in person for filing the election petition was mandatory. The District Judge also held that appeal was not maintainable and therefore, dismissed the same.