Case Note & Summary
The judgment concerns two writ petitions arising out of an election petition challenging the election of a member of Zilla Parishad. The petitioner in the original election petition had challenged the election of the returned candidate on grounds of improper acceptance of nomination and other irregularities. The Election Tribunal dismissed the election petition on the ground that it was not properly verified as required under Order 6 Rule 15 of the Code of Civil Procedure, 1908 (CPC) read with Section 83(1)(c) of the Representation of the People Act, 1951. The High Court upheld the dismissal, holding that verification is a mandatory requirement and the election petition was rightly dismissed for non-compliance. The court observed that the election petition is a special proceeding and strict adherence to procedural law is essential. The court also noted that the defect in verification was not curable and the petition was liable to be dismissed at the threshold. The court dismissed both writ petitions, confirming the order of the Election Tribunal.
Headnote
A) Election Law - Verification of Election Petition - Mandatory Requirement - Order 6 Rule 15 CPC, Section 83(1)(c) Representation of the People Act, 1951 - The court held that verification of an election petition is mandatory and failure to comply with the verification requirements renders the petition liable to be dismissed. The court relied on the principle that election petitions are special proceedings and strict compliance with procedural requirements is necessary. (Paras 5-10)
Issue of Consideration
Whether an election petition is liable to be dismissed if it is not properly verified as required by law?
Final Decision
The High Court dismissed both writ petitions, upholding the order of the Election Tribunal dismissing the election petition for lack of proper verification.
Law Points
- Election petition
- verification
- Order 6 Rule 15 CPC
- Section 83(1)(c) Representation of the People Act
- 1951
- dismissal for non-compliance
- mandatory requirement
