Research › Search › Judgment

Patna High Court · body

2007 DIGILAW 1394 (PAT)

Anita Devi v. State Of Bihar

2007-08-22

V.N.SINHA

body2007
Judgment 1. Heard, learned counsel for the petitioner (Returned Candidates) State and the Counsel for the contesting Private Respondent No. 4, who happens to be the election petitioner. 2. Present writ application is directed against the order dated 29.3.2007, Annexure-1 whereunder the Election Tribunal has rejected the prayer of the returned candidate to dismiss the election petition for failure to disclose material particulars in terms of Or. 7, R. 11 of the Code of Civil Procedure. Perusal of the impugned order dated 29.3.2007, Annexure-1 indicates that in the objection filed by the returned candidates submission was made that the allegations/pleadings set out in the election petition has not been verified in the manner as provided in R. 108 of the Bihar Panchayat Election Rules, 2006 which inter alia refers to Or. 6 of the Code of Civil Procedure, 1908 and R. 15 whereof further indicate the manner in which pleadings are required to be verified either true to the knowledge or based upon information. Perusal of the election petition as contained in Annexure-E indicates that the same has been verified without reference, to any paragraph only stating that the statement made in the election petition are true to the knowledge and belief of the election petitioner. It is, therefore, evident that the verification of the election petition has not been made in the manner provided in R. 108 read with Or. 6 R. 15 of the Code of Civil Procedure. 3. In the circumstances, I set aside the impugned order dated 29.3.2007, Annexure-1 and remit back the matter to the Election Tribunal with direction to the learned Tribunal to consider the objection as regards verification of the election petition afresh as also to decide whether such failure to verify in accordance with R. 108 read with Or. 6 R. 15 is curable and if the Tribunal is of the opinion that the defect in verification as pointed out by the returned candidate and noted by this Court is curable then it shall give opportunity to the election petitioner to cure the same and thereafter proceed with the election petition in accordance with law. 4. This writ application is accordingly disposed of. q