The election petition cannot be dismissed summarily on merit without complying with the mandatory provisions of Rule 3, 4, and 7, and must be decided on merit after examining the grounds, framing issues, recording evidence, and affording opportunity to the parties, except under Rule 8.

In the instant petition filed under Article 226 of the Constitution of India, an exception has been taken to the order dated 27-02-2016, passed by the Commissioner, Sagar Division, Sagar as Election Tribunal, whereby the election petition filed by the petitioner under Section 122 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as ‘the Adhiniyam, 1993’) has been dismissed summarily without framing any issue and recording the evidence.

2. The petitioner filed an election petition under the provisions of Adhiniyam 1993, challenging the election of respondent no.3, as a member of Ward No. 6 of Jila Panchayat, Panna on the various grounds including corrupt practice etc.

3. The respondent no.3 filed an application/objection for dismissal of the election petition on preliminary objections. It was contended on behalf of the contesting respondent that the allegations made in the petition do not make any cause of action for trial of the election petition and the grounds are not covered under Rule 22 of M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership)Rules, 1995 (hereinafter referred to as ‘the Rules 1995’).

4. On perusal of the order impugned passed by the respondent no.2, it is evident that the Election Tribunal has taken into consideration the merits of the case on the basis of allegations made in the petition and the objections of the respondent no.3. The Election Tribunal decided the petition on merit.

5. Learned counsel for the petitioner submitted that the order passed by the respondent no.2 is illegal, arbitrary and contrary to the provisions of Rules, 1995. It is submitted by him that the election petition can be summarily dismissed under Rule 8 of Rules, 1995 on the ground of non compliance of mandatory provisions enshrined in Rules, 3, 4 and 7 of Rules, 1995 and not otherwise. It is further submitted by him that the election petition cannot be dismissed in a cavalier and cryptic manner. The authority has to conduct full fledged trial and to decide the election petition after framing the issue and give opportunity to the parties to lead the evidence.

6. Combating the aforesaid submissions, learned counsel for the respondents submitted that there was objection regarding the non compliance of the provisions of Rules 3, 4 and 7 of Rules, 1995. He referred para-15 of the application. Para-15 of the objection is reproduced as under:

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7. On consideration of said para-15, it is found that there was general allegation that the provisions of Rules 3, 4 and 7 of Rules 1995 were not complied with. There was no specific objection that in what manner the provisions of Rules 3, 4 and 7 of Rules 1995 were not complied with. Further, there is no consideration by the Tribunal in regard to the non compliance of the mandatory provisions of Rules, 3, 4 and 7 of Rules, 1995 in the impugned order. The election petition has been dismissed on merit without conducting trial by framing issues and recording evidence.

8. The validity of the order passed by the respondent no. 3 has to be examined on the anvil of the facts of the present case and the law governing the field of trial of election petition under the Adhiniyam 1993 and Rules 1995. It is condign to refer certain provisions of Rules : -

“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