Strict compliance with the statutory mandate for presenting election petitions is necessary, as emphasized in Section 76 of the Punjab State Election Commission Act, 1994 and Section 81 of the Representation of Peoples Act, 1951.

CM Nos. 5162-63-CII of 2015

Exemption granted. Annexures R2/1 to R2/7 are taken on record.

Applications stand disposed of.

Civil Revision No. 7310 of 2013

1. The election petition challenging the election to the post of a Sarpanch was brought at the instance of a defeated candidate Civil Revision No. 7310 of 2013 (O&M) - 2 - against the successful candidate on various grounds. On being served with notice from the Election Tribunal, the elected candidate, who is the petitioner before the court, took two preliminary objections: (i) the presentation of the petition was not as per the requirements of Section 76 of the Punjab State Election Commission Act, 1994 and (ii) the petition had not been verified in the manner required under Section 78 of the relevant rules. The contention was that as per Rule 53 of the Election Rules of 1994, the petition would be dismissed for non-compliance with the rules and the provisions under the Act. The Election Tribunal rejected the objections taken by the candidate and held that the case would require to be considered on merits since there was no error in the presentation or the verification made. The objector, whose petition was dismissed, is the revision petitioner here.

2. The learned counsel would refer me to Section 76 of the Punjab State Election Commission Act, 1994 which reads as follows:-

"76. Presentation of Petition- (1) an election petition may be presented on one or more of the grounds specified in sub section (1) of Section 89 to the Election Tribunal by any candidate to such election or by any elector within a period of forty five days from the date of election of the returned candidate or if there are more than one returned candidates at the election and there are different dates of their election, then the later of these dates shall be taken into account for this purpose.

(2) Every election petition shall be accompanied by as many copies thereof, as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signatures to be a true copy of the petition."

The counsel would lay emphasis to clause (1) that states that the election petition is required to be presented before the Election Tribunal by any candidate to such election. The counsel would state that this section is in pari materia to the manner of presentation of petition mentioned under the Representation of Peoples Act of 1951. Section 81 of the said Act contains a similar provision that states as follows:-

"81. Presentation of petitions.-(1)An election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1) of section 100 and section 101 to the High Court by any candidate at such election or any elector within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates.

Explanation.-......."

3. The manner of whether presentation of the petitions through counsel was competent was considered by this court by a learned single Judge making particular reference to the judgment of the Supreme Court as well in this regard. In Gurlal Singh Versus Presiding Officer, Election Tribunal, Block Lehra, District Sangrur and others-2010(5) RCR (Civil) 474, the court raised the point for consideration as, "Whether an election petition presented through an Advocate is liable to be dismissed under Section 80 of the Act, being in violation of Section 76(1) of the Act?" The court held after making reference to the judgment of the Supreme Court that the petition was not competent and there was no question of any waiver in the election petition of a mandatory and peremptory provision of law which has a consequence of dismissal of the election petition in case of violation. The Supreme Court's judgment referred to in the decision in Gurlal Singh(supra) is