Non-compliance with Rule 3(2) of the Rules, 1995 shall result in dismissal of the election petition.

ROHIT ARYA, J.

1. The election petitioner before the specified officer under the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, has approached this court taking exception to the order dated 6.8.2015 passed by the specified officer while dismissing the election petition under section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 for the reason of non-compliance of the mandatory requirement of Rule 3 (2) of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (in short 'Rules, 1995') in the matter of submission of copy of the attested election petition under his own signature to be a true copy of the petition.

2. The facts relevant for disposal of this writ petition are that an election petition was filed on 2.2.2015 assailing election of the respondent no.2 returned candidate on the post of Sarpanch of Gram Panchayat Taricharkhurd, Tahsil Niwadi, District Tikamgarh on several grounds. The election was held on 13.1.2015 and the result was declared on 17.1.2015.

3. On receipt of notice along with copy of the election petition, the respondent no. 2 had filed an objection on 17.6.2015 under Rule 3 (2) of the Rules, 1995, inter-alia raising two fold submissions that the copy of the election petition submitted by the petitioner is not the certified copy and page 3 of the election petition does not bear the signature of the petitioner. The objection was rejected by the specified officer on 17.6.2015 primarily on the premises that the election petition was at advance stage of trial and fixed for arguments. Challenging the aforesaid order, the respondent no. 2 - returned candidate filed writ petition in this court. The same was registered as W.P.No.8986/2015. This court while disposing of the writ petition on 21.7.2015 had directed the specified officer to deal with the objection raised under Ruler 3 (2) of the Rules, 1995 on merits at the time of finally deciding the election petition. It appears the aforesaid objection was taken into consideration by the specified officer. On perusal of the record found that the petitioner's signatures are not found at page 3 of the copy of the election petition, therefore, the copies submitted by the petitioner's could not be said to be duly attested true copy of the election petition; mandatory requirement of Rule 3(2) of the Rules, 1995, consequently, dismissed the election petition by the impugned order.

4. Questioning the legality, validity and propriety of the aforesaid impugned order, learned counsel for the petitioner has made following submissions :-

(I) As per the record available only copies in excess to the copies of the election petition served upon the respondents, signature of the election petition is not found at page 3 of the election petition, therefore, even if , there is non-compliance of the Rule 3 (2), the same shall have no bearing, resulting into dismissal of the election petition.

(ii) The respondent no. 2 himself has not stated specifically that in the copy of the election petition served upon him, signature of the election petitioner is not found at page 3 of the election petition. Therefore, such an objection ought not to have been countenanced on behalf of the respondent no. 2. The omission of signature of the petitioner at page 3 of the copy of the election petition is a curable defect and the petitioner ought to have been permitted to correct the same. That having not been done, the specified officer has refused to exercise his jurisdiction and thereafter passed the impugned order dismissing the election petition.

5. Per contra, learned counsel for the respondents have made following submissions :-

(a) Referring to the objection filed before the specified officer, Annexure-P-6, dated 17.6.2015, learned counsel for the respondents submitted that the objection raised on the basis of copy of the election petition served upon the respondent no. 2 wherein the signature of the petitioner was not found at page 3