JUDGMENT :

RAJAN ROY, J.

1. Heard.

2. An interesting issue regarding the manner of presentation of an election petitions under Section 12-C(1) and (3) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as ‘the Act, 1947’) has been referred by a Single Judge Bench for our consideration. The Single Judge Bench has referred the matter to us as it noticed conflicting opinions of various Benches of this Court on the issue involved and also as it is an issue which arises quite often before the Courts in proceedings arising from of an election petition under the Act, 1947, hence the need to settle it conclusively. The question referred to us vide order dated 13.8.2019 of the writ court, as rephrased by us vide our order dated 22.11.2019, are quoted below :-

“1. Whether presentation of an election petition by the election petitioner personally is a mandatory requirement in view of Sub-section 3 of Section 12 C(1) of the Act, 1947 and Rule 3(1) of the Rules, 1994 and whether it's noncompliance is fatal or it would merely be an improper presentation, a curable defect?

2. Whether the decision of the Single Judge Bench of this Court in the case of Viresh Kumar Tiwari (supra) lays down the