Sita Ram Sah vs The State of Bihar and Others

Navin Sinha, J.—Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel appearing on behalf of respondent No. 5. The petitioner is aggrieved by the order dated 5.5.2007 in Election Case No. 26 of 2006 passed by the court of Munsif, East Muzaffarpur by which his application to decide the maintainability of the election case on the grounds of absence of pleadings in the suit with regard to compliance of Rule 79 of the Bihar Panchayat Raj Election Rules has been dismissed.

Whether there has been compliance of Rule 79 of the Bihar Panchayat Election Rules, 2006 is a question of law and fact to be decided after documents are filed and evidence is led in the suit. The impugned order at this preliminary stage holding compliance of Rule 79 cannot be upheld. It is accordingly set aside. This however is not an affirmation of the plea of the petitioner for dismissal of the suit at the preliminary stage. The Court does not concur with the submissions. The suit shall continue and the issue as aforesaid shall be decided at the appropriate stage. The last order imposing cost of Rs. 1000/- is also set aside. This application is disposed off with the aforesaid observations.