STATE PANCHAYAT ELECTION COMMISSION Vs. HARIPADA SHIL

JUDGEMENT

(1.) This batch of revision petitions are directed against the impugned order passed by the learned Civil Judge (Jr. Div.), West Tripura, acting as election Tribunal thereby rejecting the application filed by the Petitioner under Order 6, Rule 16 read with Order 7, Rule 11 of the Code of Civil Procedure. The points calling for adjudication and decision being more or less common and similar learned Counsel for appearing parties prayed for hearing the petitions analogously and accordingly these are heard analogously and are disposed of by this common judgment. As a lead case the facts of CRP No. 46/2010 is taken up for reference in this judgment.

(2.) Heard Mr. T.D. Majumder, learned Addl. Sr. Govt. Advocate for the Defendants/ Petitioners and Mr. S. Talapatra, learned senior counsel appearing for the Respondent No. 2 (returned candidate) as well as Mr. H.K. Bhowmik, learned Counsel appearing for the Plaintiff/Respondent No. 1.

(3.) The Respondent No. 1 as Plaintiff filed an application under Section 198 of the Tribunal Panchayat Act read with Rule 70 of the Tripura Panchayat (Conduct of Election) Rules, 1993 praying for declaring the election of the returned candidate as member of Kalyanpur Gram Panchayat as void with further prayer for declaring the Petitioner as elected member of the aforesaid Panchayat from Constituency No. V, Seat No. 10. The aforesaid application was registered as Case No. T.S. 17/09.