DURGA DUTT SHARMA Vs. CIVIL JUDGE JN DIV AND ADDL CHIEF JUDICIAL MAGISTRATE SAMBLER LAKE DISTT JAIPUR

JUDGEMENT

(1.) THE instant writ petition has been filed, questioning the legality and validity of the order passed by Panchayat Election Tribunal, Annex. 2 to the writ petition, on 29. 9. 2000, holding that defect in verification of a panchayat election petition, is curable and not fatal. In support of the aforesaid conclusion, the Election Tribunal has placed reliance on a decision, rendered by a learned Single Judge of this Court, in case of Sumer Singh vs. THE Munsif and Judicial Magistrate, First Class, Khetri and another (1 ). It is held in case of Sumer Singh (supra) that defect in verification either in the election petition or in the schedule or annexures attached thereto, may be allowed to be removed in the same manner, as such defects could be removed in the case of pleadings under the Code of Civil Procedure.

(2.) AN identical question came up for consideration before Supreme Court, in case of H. D. Revanna vs. G. Puttaswamy Gowda and others After surveying all the decisions on the subject of verification of election petition and the supporting affidavit, in paragraph-14, Hon'ble Srinivasan, J. , the then Judge of Supreme Court speaking for the Court, rules that defect in verification of the election petition or the affidavit, accompanying the election petition, are held to be curable, and not fatal. It is further held that if the Court comes to the conclusion that there is non-compliance of Order 6, Rule 16, or Order 7, Rule 11, CPC, then, of course, the election petition could be dismissed. Here, in the present case, the learned counsel for the petitioner failed to point out that the election petition, filed before the Election Tribunal, suffered from non-compliance either of Order 6, Rule 16 or Order 7, Rule 11 CPC.