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ANAND PATHAK
Rabindra Kumar Upadhyay – Appellant
Versus
Sub-Divisional Officer (Revenue) Lahar – Respondent
ORDER
With consent heard finally.
1. The present petition under Article 226/227 of the Constitution of India has been preferred by the petitioner taking exception to the order dated 17.05.2023 passed by the Court of Sub-Divisional Officer (SDO), Lahar, District Bhind, whereby an application under Order 7 Rule 11 of the CPC filed by the petitioner as respondent/returned candidate in election petition, which is being preferred by the respondent No.2 has been rejected.
2. Precisely stated facts of the case are that the petitioner and respondent No.2 participated in the election for the post of Sarpanch in Gram Panchayat Sikri Jagir, Tahsil Lahar, District Bhind. In the said election, respondent No.2 obtained 407 votes whereas petitioner obtained 425 votes. Consequently petitioner declared as elected/returned candidate by Annexure P/2. Thereafter, election petition under Section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred as 'Act of 1993') was filed at the instance of respondent No.2 with certain allegations in respect of improper conduct of counting process.
3. Notice was issued on 10.08.2022 and petitioner appeared before the Court of SDO, Lahar,
Strict compliance with the affidavit requirement in election petitions is essential as per the relevant rules and regulations.
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.
Election affidavit discrepancies challengeable only via election petition under Article 329(b), not writ jurisdiction.
An election can only be declared void based on substantial evidence and specific grounds enumerated in the governing election rules.
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
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.
Affidavits in election petitions must meet specific legal standards; non-compliance leads to dismissal.
Defective affidavit (not Form 25) in corrupt practice election petition is curable defect; opportunity to rectify required before dismissal under O7 R11 CPC. Pleadings alleging bribery with candidate....
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