Hon’ble Sudhir Agarwal, J.—This writ petition is directed against the order dated 13.1.2012 passed by District Judge, Baghpat whereby objection with regard to defect in election petition on account of non-compliance of Section 80 C.P.C. has been rejected.

2. Besides that election petition is not defective for non-compliance of Section 80 C.P.C., this Court is also of the view that such objection cannot be raised at the instance of a private party if State has not taken such an objection.

3. This issue has been considered by a Special Bench of this Court in Sunni Central Board of Waqfs v. Sri Gopal Singh Visharad and others, 2010 ADJ 1 (SFB) (LB) and in the judgment delivered by myself (concurred by Hon’ble S.U. Khan, J. on this issue), it has been said:

“622. Now we come to the second part of this issue i.e. 10 (b). The legislative intent of Section 80 is to give the Government sufficient notice of the suit which is proposed to be filed against it so that it may reconsider the decision and decide for itself whether the claim made could be accepted or not. The object of the section is advancement of justice and securing public good by avoidance of unnecessary litigation (Bih