2015 Supreme(Raj) 1673
ARUN BHANSALI
Champa – Appellant
Versus
Dropdi – Respondent
Advocates:
For the Petitioner:Nitin Trivedi, Advocate.
JUDGMENT
1. - This Writ Petition has been filled by the petitioner grieved against the Order dated 18.4.2015 passed by the Election Tribunal hereby the application filed by the petitioner seeking dismissal of the election petition has been rejected.
2. The Respondent No. 1 filed election petition under provisions of Rajasthan Panchayati Raj Act, 1994 ('the Act') and Rajasthan Panchayati Raj (Election) Rules, 1994 ('the Rules').
3. The petitioner filed an application under Rule 82 of the rules intra alia Seating that under the said rule is was required of the election petitioner to verify the petition as per Code of Civil Procedure (C.P.C.) and under C.P.C. the petitioner is required to file affidavit also and as the verification is not according to C.P.C. and affidavit has not been filed the Petition was not maintainable and the same deserves to be dismissed.
4. The Tribunal after hearing the parties came to the conclusion that the deficiency regarding non-filling of affidavit was a technical lacuna and for which the election petitioner can be granted opportunity and directed the election petitioner to produce affidavit within a period of 15 days and disposed of the application filed
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