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2023 Supreme(HP) 391
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SATYEN VAIDYA, JJ.
Rangila Ram - Petitioner
Versus
State of H.P. and others - Respondents
CWP No. 573 of 2023
Decided On : 12-07-2023
For the Petitioner: Mr. Gurmeet Bhardwaj.
For the Respondents:Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, Mr. Devender K. Sharma.
Point of Law : Section 83 of Representation of People Act, 1951 reads as contents of petition.
Headnote:
H.P. Panchayati Raj Act, 1994 - Section 164, 163, 165 - Representation of People Act, 1951 - Section 83, (2) - Gram Panchayat - Election petition - Whether an election petition is liable to be dismissed on ground for contravention of Section 164 of H.P. Panchayati Raj Act, 1994 - If a schedule or annexure is an integral part of an election petition, it must be signed by petitioner and verified since it forms a part of election petition - Para 7.
Finding of the Court :
If a schedule or annexure is an integral part of an election petition, it must be signed by petitioner and verified since it forms a part of election petition - Subject matter of sub-section (2) is thus a schedule or annexure forming part of election petition but in case a document is produced as an averments of election petition, there is no requirement, whatsoever, of these documents being signed and verified - Provisions of Section 83(2) of Representation Act are pari materia to Section 164 of Act, judgment of Hon’ble Supreme Court in Sahodrabai Rai v. Ram Singh Aharwar, is fully attracted and applicable to facts of instant case - Court find no merit in instant petition.
Result : Petition dismissed.
JUDGMENT :
Tarlok Singh Chauhan, J.
Whether an election petition is liable to be dismissed on the ground for the contravention of Section 164 of the H.P. Panchayati Raj Act, 1994 (for short ‘the Act’), is the moot question that is required to be decided in the instant petition.
2. The elections to the Gram Panchayat, Thona were held in the year 2001, wherein the petitioner was elected as the President. The said election came to be challenged by respondent No.7 by filing an Election Petition under Section 163 of the Act and election petition was allowed by the Authorized Officer, vide order dated 29.4.2022. The petitioner assailed the said decision by filing an appeal before the Deputy Commissioner and the said appeal too was dismissed, vide order dated 16.1.2023 constraining the petitioner to file the instant petition. The only contention raised by the petitioner is that since the election petition did not comply with the mandate of Section 164(2) of the Act inasmuch as the schedule and the annexure accompanying the petition has not been signed by the petitioner and verified in the same manner as the petition, the same ought to have been dismissed.
3. We have heard learned counsel for the parties and gone through the material placed on record carefully.
4. At the outset, it shall be appropriate to refer to Sections 164 and 165 of the Act, which read thus :
“164. Contents of Petition.-(1) An election petition-
(a) shall contain 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 pleading: 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 particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
165. Procedure on receiving election petition.- If the election petition is not furnished in the prescribed manner, or the petition is not presented within the period specified in section 163 the authorized officer shall dismiss the petition:
Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard.”
5. It would be noticed that the provisions, as contained in Section 164 of the Act is pari materia with Section 83 of the Representation of People Act, 1951 (for short ‘the Representation Act’), which reads as under :
“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 particulars thereof.]
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.]
(Emphasis supplied)”
6. What would be noticed from a perusal of sub section 2 of Section 83 of the Representation Act that it does not refer to a document, which is produced as evidence of t
