LAWS(HPH)-2010-12-382

SOHAN SINGH Vs. DEPUTY COMMISSIONER AND ANR.

Decided On December 02, 2010
SOHAN SINGH Appellant
V/S
Deputy Commissioner And Anr. Respondents

JUDGEMENT

(1.) THE only question which arise in this petition is whether defect in Election Petition filed under Section 163 read with Section 175 of the Himachal Pradesh Panchayati Raj Act, 1994 are curable and the Petitioner can be given time to correct this defect. This question is no longer res integra. A Division Bench of this Court in Devinder Singh v. Deputy Commissioner, Shimla and others LPA No. 149 of 2008, decided on April 7, 2010 has clearly held that the defect of verification is a curable defect and can be cured in terms of Section 165 of the HP Panchayati Raj Act, 1994.

(2.) IN view of the decision of the Division Bench, there can be no doubt that such a defect is curable. Therefore, the order of the Deputy Commissioner permitting the Respondent -election Petitioner to cure the defect cannot be held to be illegal.