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1970 Supreme(Pat) 99

N.L.UNTWALIA
CHANDRIKA TIWARY – Appellant
Versus
THAKUR ROY – Respondent


Advocates:
Advocate Appeared:
Mr. Kanhaiya Pd. Verma for the Petitioner; Messrs Nagendra Pd. Singh, Umesh Pd. Singh and Tarakant Jha for the Respondents.

JUDGMENT

An election petition was filed by respondent no. 1 to challenge the election of the petitioner to the office of Mukhiya to Takiya Gram Panchayat in the district of Champara. The election petition was filed on the 1st December, 1969 but it was not verified as required under Rule 75 of the Bihar Panchayat Election Rules, 1959, hereinafter called the Rules, read with Order 6, rule 15 of the Code of Civil Procedure, inasmuch as the verification of the election petition was neither on oath nor on affidavit as required under the amended provision of the Code of civil procedure. The petitioner took objection to the entertainment of such an election petition and asked the Tribunal to dismiss it under Rule 77 of the Rules. The Tribunal allowed the amendment, asked for by respondent no.1, instead of dismissing the petition on account of defect aforesaid. By the same order dated the 21st February, 1970, by which the amendment has been allowed, the Tribunal has also ordered recounting of the ballot papers. The petitioner has obtained a rule form this Court against the respondents to show cause why the order of the Tribunal dated the 21st February, 1970, be not set aside by grant of an







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