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GOUTAM BHADURI
Jagmohan Chauhan, S/o. Pirtee Ram Chauhan – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Heard
1. Challenge in this petition is to the order dated 29.10.2020 whereby the election petition preferred under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as “the Adhiniyam, 1993”) has been rejected accepting the ground raised by way of preliminary objection.
2. It is submitted that against the selection of the Sarpanch of respondent No.5, the petitioner who was also contesting candidate filed an election petition under Section 122 of the Adhiniyam, 1993. During such proceeding before the S.D.O., who is competent authority, an objection was preferred by Annexure P-4 that the election petition is not maintainable on different grounds. Predominant ground was projected that the copy of election petition which was supplied the endorsement with the word “attested and true copy” was not scribed which is required under Rule 3(2) of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices & Disqualification For Membership) Rules, 1995 (hereinafter referred to as “the Rules, 1995”). The learned S.D.O. after hearing the parties accepted the preliminary objection dismissed the entire petition filed under Section 122 of the Adhin
Election petition - Simply because of the reason that words as attested to be true copy was not scribed will not make any difference and dismissal only on this count cannot be sustained.
The main legal point established in the judgment is the mandatory requirement of attestation by the petitioner under his own signature for every copy of the election petition intended for service on ....
Strict compliance with the affidavit requirement in election petitions is essential as per the relevant rules and regulations.
Election - Presentation of petition - There is a specific failure of the election petitioner opposite party in compliance of Section 81 of Act, 1951 - Requirements while filing an election petition a....
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