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1979 Supreme(Raj) 58

DWARKA PRASAD
Sumer Singh – Appellant
Versus
Munsiff and Judicial Magistrate, First Class, Khetri – Respondent


Advocates Appeared:
N.L. Tibrewal, for petitioner; S.P. Tyagi, for respondent No. 2

D.P. GUPTA, J.—The short question raised in this writ petition is as to whether the election petition filed by respondent Rameshwar before the Munsiff, Khetri should have been dismissed on account of the defect that the annexures to the said election petition were not verified in accordance with the provisions of sub-rule 2 of Rule 80 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 (hereinafter referred to as "the Rules"). The respondent Rameshwar filed an election petition against the petitioner Sumer Singh under r. 78 of the Rules in the court of the Munsiff Khetri, challenging the election of the petitioner to the office of Sarpanch of the Gram Panchayat, Nagli Saledi Singh. There is no dispute that the election petition was properly verified but the only defect pointed out by the petitioner was that the annexures to the election petition were not verified by the respondent Rameshwar. Rule 80 of the Rules provides that the election petition shall contain a concise statement of the material facts on which the petitioner relies and shall be signed by the petitioner and verified by him in the manner laid down in the Code of Civil Procedure, 1908 for the verifica




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