Non-compliance with mandatory rules, such as Rule 3 and Rule 8 of the Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, can lead to the dismissal of an election petition.

R.S. Jha, J.

1. The petitioner has filed this petition assailing the legal validity of the order dated 10-1-2007, passed by Additional Collector, Chhindwara whereby the election petition filed by the petitioner assailing the election of the private respondent as President of Janpad Panchayat Chourai, District Chhindwara has been dismissed on account of non-compliance of the provisions of Rule 3 (2) of the Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as the 'Rules of 1995').

2. The brief facts leading to filing of the present petition are that the respondent No. 2 had contested and was declared the returned candidate for the post of President of Janpad Panchayat, Chourai, District Chhindwara in the election which took place on 14-2-2005. The petitioner being aggrieved by the election of the respondent filed an election petition under the provisions of the Rules of 1995 before the Prescribed Authority. The reply was filed, matter was heard and, thereafter, written arguments were filed by the parties. The Election Tribunal, after hearing the parties, dismissed the election petition filed by the petitioner holding that the petition was filed in violation of the mandatory provisions of Rule 3(2) of the Rules of 1995.

3. It is submitted by the learned Counsel for the petitioner that a defect of attestation is curable if it is established that there is substantive compliance of the provisions. In support of his submission, the learned Counsel has relied upon judgments of the Supreme Court in the cases of T. Phunzathang v. Hangkhanlian and Ors. AIR 2001 SC 3924 and Chandrakant Uttam Chodankar v. Dayanand Rayu Mandrakar and Ors. (2005) 2 SCC 188.

4. Per contra, it is submitted by the learned Counsel for the respondent No. 3 that the Election Tribunal has rightly dismissed the petition filed by the petitioner on account of non-compliance of the provisions of Rule 3(2) of the Rules of 1995 as the said rule is mandatory and non-compliance of the same would result in dismissal of the petition as prescribed by Rule 8 of the Rules of the Rules of 1995. In support of his submission, the learned Counsel has relied upon a judgment of this Court in the cases of Babulal Kaluram Kirar and Anr. v. State of M.P. and Ors. 1985 MPLJ 411; Dr. Om Prakash Soni v. Ashok Kumar Bhargava and Ors. AIR 1996 MP 43; Sarla Tripathi (Smt.) v. Smt. Kaushilya Devi and Ors. 2004 (2) JLJ 263; FA. Sapa etc. v. Singora and Ors. etc. AIR 1991 SC 1557 and an unreported judgment of this Court in Writ Appeal No. 136/2009, Smt. Phoolwati v. Smt. Rama Patel and Ors. dated 13-5-2009.

5. From a perusal of the record of the case as well as the written arguments filed by the respondent No. 3 before the Election Tribunal, copy of which has been filed by the petitioner along with the petition, it is clear that the petitioner did not attest as true copies or sign the copy of the petition that was served upon the respondent No. 3. The issue involved in the present petition is as to whether non-compliance of the provisions of Rule 3(2) of the Rules of 1995 entails dismissal of the petition in spite of the fact that the respondent did not raise any objection at that time ?

6. To appreciate the issue involved, it is necessary to look into the provisions of Rules 3 and 8 of the Rules of 1995, which read as under:

3. Presentation of election petition.- (1) An election petition shall be presented to the Specified Officer during the office hours by the person making the petition, or by a person authorised in writing in this behalf by the person making the petition.

(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 signature to be a true copy of the petition.

8. Procedure on receiving petition.- If the provisions of Rule 3 or Rule 4 or Rule 7 have not been complied with, the