The absence of provisions for the rejection of an election petition at the threshold based on specified conditions in the Act or Rules does not warrant the dismissal of the petition at the initial stage.

Navin Sinha, J.

1. Heard learned Counsel for the petitioner, learned Counsel appearing for the State and the learned Counsel appearing for Respondent No. 2.

2. The Respondent No. 2 filed Misc. Election Petition No. 22 of 2006 before the Munsif, Danapur, challenging the election of the petitioner as Mukhia of the Singhara Copa Gram Panchayat. The petitioner appeared, filed her written statement denying the allegations. A preliminary objection was also taken with regard to the maintainability of the suit. The challenge was that in absence of the details of corrupt practices under Sections 139 or 141 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) the suit ought to be dismissed at the initial stage.

3. The court below by the impugned order dated 3.11.2006 rejected the objection holding that the issue of maintainability would not be decided as a preliminary issue and that it had necessarily to be decided along with other issues raised in the suit.

4. Learned Counsel for the petitioner has relied upon the judgment reported in A.I.R. 2004 Supreme Court 2036 (Chandrika Prasad Yadav V/s. State of Bihar and Ors.) in support of the proposition that in absence of the allegations of specified corrupt practices, the suit was not maintainable and was liable to be rejected.

5. The question for determination by the Court is if in absence of pleadings in an election petition of the corrupt practices under Sec.139 or 141 of the Act, is the election petition liable to be thrown out at the inception. Moreso when the defendant in the suit has already filed his written statement.

6. Sec.137 of the Act provides that no election to a Panchayat or Gram Katchahry shall be called into question except by an election petition. Sub-clause (2) of the same deals with the parties to an election petition. Sec.138 of the Act bars challenge to an election of a Panchayat except by an election petition. Rule 106 of the Bihar Panchayat Election Rules, 2006 (hereinafter called as the Rules) provides that an election petition must be filed within 30 days of the declaration of results, and the impleadment of necessary parties. Rule 107 prescribes the court fee. Rule 108 stipulates that an election petition must contain the facts on which the plaintiff relies. The same must be signed and verified by the plaintiff in accordance with the Order VI C.P.C. Rule 109 provides that the Court shall hear the petition in accordance with the procedure prescribed under the C.P.C. Rule 110 provides for withdrawal of an election petition.

7. The Court considers it proper to set out Rule 108 in its entirety.

108. CHUNAO YACHIKA KE TATHYON KA SATYAPAN - CHUNAO YACHIKA MEIN UN TATHYON KA VIVARAN RAHEGA JIS PAR WADI NIRVAR KARTA HO. WADI CHUNAO YACHIKA PAR APNA HASTAKSHAR KAREGA AUR WAYWHAR PARKIRYA SAHANHITA, 1908 KE AADESH 6 MEN WIHIT RITI SE APNE AVHIWACHANON KA SATYAPAN KAREGA.

8. The corresponding provision is to be found in Section 83 of the Representation of the People Act, 1951 (hereinafter called the R.P. Act) on which the counsel for the petitioner relied heavily in support of his submissions.

9. This Court considers it appropriate to set out the same in its entirety.

83. Contents of petition. - (1) An election petition - (a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil procedure, 1908 (5 of 1908) for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the part