RAJNARAYAN SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner was elected as a Mukhiya of Naudharia Gram Panchayat in the district of Gaya in an election which was held on 4-6-1978. Respondent No. 3 Ram Briksha Yadav filed an election petition in the Court of Deputy Collector, Land Reforms, Gaya challenging the election of the petitioner. The election petition was numbered as Case No. 16 of 1978-79. The petitioner filed an objection that the election petition was liable to be dismissed for non-compliance of the provisions of R.75 of the Bihar Gram Panchayat Election Rules, 1959. The principal ground was that the election petition had not been verified in accordance with O.6 R.15 of the Code of Civil Procedure. This objection was taken up as a preliminary ground by the Election Tribunal and was overruled by an order dated 13-3-1980, contained in Annexure 1. The petitioner has challenged this order in this writ application and has prayed that the same may be quashed.

(2.) The objection of the petitioner was that the verification of the election petition was not in accordance with O.6. R.15 of the Code of Civil Procedure and it was not accompanied with an affidavit as required by Patna amendment. The Election Tribunal has stated that Patna amendment did not exist after the amendment in the Code of Civil Procedure by the Civil Procedure Code Amendment Act, 1976. According to the Election Tribunal it is no more necessary to file any affidavit along with verification.

(3.) Mr. Jyoti Narayan learned counsel appearing on behalf of the petitioner has submitted that O.6 R.15 was not amended by the Amendment Act of 1976 and the Patna amendment not being inconsistent with the provisions of the principal Act still exists and cannot be said to have been repealed. Learned counsel has referred to S.97 of Amendment Act of 1976 which reads as under :