JUDGMENT :

Dipak Misra, CJI.

The singular issue that arises for consideration in this appeal by special leave is whether the High Court of Judicature for Rajasthan at Jaipur Bench is justified in dismissing S.B. Civil Writ Petition No. 8238 of 2017 thereby affirming the order dated 23.05.2017 passed by the learned Additional District Judge, Kishangarh, District Ajmer (herein after referred to as “the Election Tribunal”) in Election Petition No. 55 of 2016 whereunder the Election Tribunal had rejected the application preferred under Order VII Rule 11(d) and (e) read with Order XIV Rule 2 read with Section 151 of the Code of Civil Procedure (CPC) seeking rejection of the election petition on the foundation that there had been non-compliance of the Rajasthan Municipalities Election Petition Rules, 2009 (herein after referred to as “the 2009 Rules”) which are mandatory in character.

2. Bereft of unnecessary details, the facts requisite to be stated are that the appellant and the 1st respondent were elected to Municipal Ward Nos. 28 and 45 respectively of Municipal Council, Kishangarh. The election to the post of Chairperson of the Municipal Corporation is to be made from amongst the 45 Wa