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SAUMITRA DAYAL SINGH
Vijay Gupta @ Vijay Kumar Gupta – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Shri Upendra Upadhyay along with Shri Manish Kumar Pandey, learned counsel for the petitioner; Shri Arun Kumar, learned counsel for respondent no.3 and; learned Standing Counsel for the State-respondents.
2. Present petition has been filed against the order dated 10.01.2022 passed by S.D.M., Rajatalab, Varanasi, rejecting the objection filed by the petitioner under Order VII Rule 11 Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) in Election Petition being Case No. RST/03515/2021 (Computerized Case No. T202114700303515), Shailendra Pratap Singh vs Vijay Gupta.
3. Arising from the declaration of the petitioner as Gram Pradhan of Village Madhukar Shahpur, Block -Arazi Line, Tehsil -Raja Talab, District -Varanasi, private respondent has instituted the aforesaid election petition. In that, the present petitioner filed objection under Order VII Rule 11 CPC. The objection was three pronged, however, insofar as the present petition is concerned, it has been submitted, the fundamental objection raised by the petitioner that the election petition had not been duly signed by the private respondent, has not been dealt with.
4. In the above regard, it has
The court emphasized that a pen slip error in the date below the signature of the lawyer of the election petitioner did not constitute a substantial defect under Order VII Rule 11 CPC.
The court established that the filing of an election petition must be strictly interpreted in accordance with the statutory time limits, and procedural delays in registration do not invalidate a time....
Strict compliance with the affidavit requirement in election petitions is essential as per the relevant rules and regulations.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Election petition - Simply because of the reason that words as attested to be true copy was not scribed will not make any difference and dismissal only on this count cannot be sustained.
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
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