- (1.)Whether the election petition filed under Section 163 of the H.P. Panchayat Raj Act, 1994, hereinafter called "the Act" should be dismissed by the Authorized Order for the only reason that the petition is not furnished in the prescribed manner, is the question that arises for consideration in this appeal.
(2.)Short facts Election to the post of Pradhan, Gram Panchayat, Munish Bahli in District Shimla was held on 22nd December, 2005. The writ petitioner and the third respondent (parties are described as they appeared in the writ petition) had contested the election. The petitioner was declared elected, having secured 283 votes. The third respondent filed an election petition mainly on the ground that the petitioner was not qualified to be elected. The petitioner raised a preliminary objection that the election petition had not been filed in the manner prescribed under Section 164 of the Act and the Rules. However, disregarding the objection, the matter was considered on merits and the election was set aside by order dated 22nd January, 2007. The appeal before the Deputy Commissioner was dismissed on 24th April, 2007 and thus the writ petition.
(3.)The learned single Judge held that respondent No. 3 should be given an opportunity to cure the defect, if any, in the matter of presentation of the election petition in the prescribed manner since the issue of defect, if any, in verification was a curable defect and thus remanded the matter to the original authority. Aggrieved, the appeal at the instance of the writ petitioner.