eng
competition

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S Stenography Shorthand INstitute Morena 8120242513

created Nov 23rd 2023, 02:02 by Shivani shorthand


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Notice was issued on 10.08.2022 and petitioner appeared before the Court of SDO, Lahar, Bhind. He moved an application under Order VII Rule 11 of the CPC seeking rejection of the election petition as according to him, election petition was not duly supported by the affidavit. Sub-Divisional Officer heard the rival contentions and dismissed the application so preferred. Therefore, this petition has been filed. It is the submission of learned counsel for the petitioner that the election petition in respect of Panchayat is being governed by the M.P. Panchayat (Nirwachan) Niyam, 1995 (hereinafter referred as 'Nirwachan Niyam, 1995') and the M.P. Panchayat (Election Petitions, Corrupt Practices and Disqualification of Membership), Rules 1995 (hereinafter referred as 'Election Petitions' Rules 1995'). As per Rule 5 of the Election Petitions Rules 1995, contents of petition shall incorporate the signature of the petitioner and verification of the contents of statements of all material facts and particulars would be in manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings. Counsel referred the Order VI Rule 15 of the CPC and submitted that verification of pleadings has to be in accordance with the Clause 4 of said Sub-Rule 15 where it has been prescribed that person verifying the pleadings shall also furnish an affidavit in support of his pleadings. Here, in the present case, affidavit has been filed but it has been sworn before the Oath's Commissioner and not before the Judicial Magistrate First Class or Notary. Oath's Commissioner is not the appropriate authority before whom election petitioner could have sworn the affidavit because of the effect of Rule 5 of the Commissioner of Oath's Rules, 1976 For creating a distinction between the civil courts and revenue courts, learned counsel for the petitioner referred Sections 3 and 5 of the CPC and submits that for the purpose of CPC, district courts is sub-ordinate to the High Courts and as per Section 5, revenue courts cannot act as civil courts because they are different than civil courts.  

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