ALOK SHARMA,J. - (1.) Under challenge is the order dated 04.04.2017 passed by the Additional Civil Judge (Senior Division), Bassi (hereinafter 'the Trial Court') in Election Petition No.6/15. By the impugned order the Trial Court has held that the election petition filed by the respondent-election petitioner (hereinafter 'election petitioner') was not liable to be rejected under Order 7, Rule 11 CPC for reason of it not being presented by the election petitioner herself as purportedly mandatorily required under Rule 81 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994'). It was held that the petition had been presented by her advocate under written authorization in terms of the Vakalatnama which was permissible under the explanation to Rule 81(1) of the Rules of 1994.
(2.) The issue of a valid presentation of an election petition under the Act of 1994 came up for consideration before the Division Bench of this Court in D.B. Civil Reference No.1/2017. Vide order dated 20.04.2017, the said reference was disposed of as under:- "8. We answer the reference as under:- An election petition presented by a Lawyer on the strength of a Vakalatnama would be deemed to have been duly presented if the language of the Vakalatnama expressly records that the Lawyer is authorised to present the election petition. It would then be a question of fact to be determined by the Tribunal keeping in view the language of the Vakalatnama. If the language of the Vakalatnama expressly records that the Lawyer is authorised to present the election petition, it would be a case of valid presentation of the election petition."
(3.) Rule 81 of Rajasthan Panchayati Raj (Election) Rules, 1994 reads as under:- "81. Who may present election petition:- (1) A petition under Rule 80 may be presented by any candidate at such election. Explanation.- The petition shall be deemed to have been duly presented, if it is delivered by the person making the petition or by person authorised in writing in this behalf by the person making the petition. (2) No petition shall be deemed to have been presented under these rules unless the petitioner deposits a sum of Rs. 500/- along with the petition by way of security for the costs of the opposite party. (3) The petitioner shall also send a copy of the petition under a certificate of posting to the District Election Officer (Panchayats) concerned.";