RANBIR SINGH Vs. ZILE SINGH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order of the learned Civil Judge (Senior Division), Gurugram, dtd. 6/12/2018, by which two applications filed by him, one seeking dismissal of the election petition filed by respondent no.1 herein and the other seeking rejection of the 'plaint' (in the said election petition), have both been dismissed by that court, in its capacity as an Election Tribunal.

(2.) The background of the matter is that the petitioner was declared elected as the Municipal Councillor for Ward no.34 of Municipal Corporation, Gurugram, such elections having been held in September, 2017, with the result declared on September 24, 2017.

(3.) In the application dtd. 8/11/2017, the petitioner stated that, firstly, each and every page of the plaint (election petition), was not signed by the plaintiff in terms of sub-sec. (3) of Sec. 81 of the Representation of the People Act, 1951 and secondly, the affidavit of the 'plaintiff' (respondent no.1 herein) was not valid for want of due attestation by an Oath Commissioner as per law, the affidavit having been verified on 4/10/2017 but attested by an unknown person on 11/10/2017, who simply marked his initials (over the said date), without any identification or proper seal of the Oath Commissioner.