NENU RAM Vs. AMARA RAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 16.10.2015 passed by Senior Civil Judge, Parbatsar ('the learned Judge'), whereby the application filed by the petitioner under Rule 82 (1) and (2) of the Rajasthan Panchayati Raj (Election) Rules, 1994 ('the Rules') read with Order 6, Rule 15 Code of Civil Procedure and Order 7, Rule 11 Code of Civil Procedure has been rejected.

(2.) The respondent Amara Ram filed election petition under Sec. 43 of the Rajasthan Panchayati Raj Act, 1994 ('the Act') read with Rule 82 of the Rules calling in question the election of petitioner Amara Ram as Member, Zila Parisad, Nagaur on the ground of alleged disqualification.

(3.) The petitioner filed his reply to the election petition, inter alia, raising objections regarding the maintainability of the election petition. The petitioner also filed an application, inter alia, contending that the election petitioner has not followed the mandatory provisions of Rule 82 (1) and (2) of the Rules and the verification is not in accordance with Order 6, Rule 15 CPC, the documents produced along with the election petition do not bear any verification and, therefore, for lack of compliance with the provisions/verification, the election petition was not maintainable and was liable to be dismissed under Order 7, Rule 11 CPC.