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Sumer Singh Vs. the Munsiff and Judicial Magistrate First Class Khetri and anr. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtRajasthan High Court
Decided On
Case NumberCivil Writ Petn. No. 543 of 1978
Judge
Reported inAIR1979Raj178; 1979()WLN520
ActsRajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 - Rules 79(2) and 80(2)
AppellantSumer Singh
RespondentThe Munsiff and Judicial Magistrate First Class Khetri and anr.
Appellant Advocate N.L. Tibrewal, Adv.
Respondent Advocate S.P. Tyagi, Adv. for Respondent No. 2
DispositionPetition dismissed
Cases ReferredMurarka Radhey Shyam Ram Kumar v. Roop Singh Rathore
Excerpt:
rajasthan panchayat & nyaya panchayat election rules, 1960 - rule 80--election petition--defect in verification of annexures to election petition is not fatal--held, defect can be allowed to be removed.;it cannot be said that the election petition should be dismissed for want of verification or for any defect in the verification as there is no provision corresponding to the provision made for depositing security for costs. in my view, toe defect in the election petition or in the schedules or annexures attached there to may be allowed to be removed in the case of pleadings under the code of civil procedure.;writ dismissed - .....and shall be signed by the petitioner and verified by him in the manner laid down in the code of civil procedure, 1908 for the verification of pleadings. sub-rule (2) of rule 80 lays down that any schedule or annexure to the election petition shall also be signed by the petitioner and verified by him in the same manner as the election petition. rule 83 of the rules makes the procedure provided in the code of civil procedure 1908 with regard to civil suits, applicable to the hearing of the election petitions filed under the act, subject to certain modifications specified in that rule. 2. a question relating to the defect in the verification of an election, petition, presented under the representation of the people act, 1951 came up before their lordships of the supreme court in murarka.....
Judgment:
ORDER

Dwarka Prasad, J.

1. The short question raised in this writ petition is as to whether the election petition filed by respondent Rameshwar before the Munsiff, Khetri should have been dismissed on account of the defect that the annexures to the said election petition were not verified in accordance with the provisions of Sub-rule (2) of Rule 80 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 (hereinafter referred to as 'the Rules'). The respondent Rameshwar filed an election petition against the petitioner Sumer Singh under Rule 78 of the Rules, in the court of the Munsiff Khetri, challenging the election of the petitioner to the office of Sarpanch of the Gram Panchayat, Nagli Saledi Singh. There is no dispute that the election petition was properly verified but the only defect pointed out by the petitioner was that the annexures to the election petition were not verified by the respondent Rameshwar. Rule 80 of the Rules provides that the electionpetition shall contain a concise statement of the material facts on which the petitioner relies and shall be signed by the petitioner and verified by him in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings. Sub-rule (2) of Rule 80 lays down that any schedule or annexure to the election petition shall also be signed by the petitioner and verified by him in the same manner as the election petition. Rule 83 of the Rules makes the procedure provided in the Code of Civil Procedure 1908 with regard to civil suits, applicable to the hearing of the election petitions filed under the Act, subject to certain modifications specified in that rule.

2. A question relating to the defect in the verification of an election, petition, presented under the Representation of the People Act, 1951 came up before their Lordships of the Supreme Court in Murarka Radhey Shyam Ram Kumar v. Roop Singh Rathore, AIR 1964 SC 1545. It was urged that the defect in the verification was fatal, because of the non-compliance with the provisions of Section 83(1)(c) of the Representation of the People Act, 1951. Their Lordships of the Supreme Court held in Murarka Radhey Shyam's case that a defect in the verification, of election petition, which has to be made in the manner laid down in the Code of Civil Procedure for the verification of the pleadings, is not fatal and that such a defect in the verification could be removed in accordance with the principles contained in the Code of Civil Procedure. It may be pointed out that there is no provision in the Rules to the effect that if the verification is absent or is defective, then the election petition shall be liable to be dismissed. Although, in sub-rule (2) of the Rule 79 of the Rules, it has been provided that if the security for the costs of the opposite party is not deposited along with the election petition, then the said petition shall be deemed to have not been presented. In the absence of any similar provision, as is contained in Sub-rule (2) of Rule 79, which makes the making of the deposit of the amount of security for the costs of the opposite party along with the election petition, mandatory, it cannot be said that the election petition should be dismissed for want of verification or for any defect in the verification as there is no provision corresponding to the provision made for depositing security for costs. In my view, the defect in the verification, either in the election petition or in the schedules or annexures attached thereto may be allowed to be removed in the same manner as such defect could be removed in the case of pleadings under the Code of Civil Procedure.

3. In this view of the matter, the order passed by the learned Munsiff is completely in accordance with law and there is no reason to interfere with the same. No other point has been argued before me.

4. In the result, the writ petition has no merit and is dismissed. The parties are left to bear their own costs of the proceedings in this court.


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