1. This is the petition against the order of the learned Election Tribunal, whereby the election petition of the petitioner was dismissed under the provisions of Rule 77 for the non-attestation of the verification on the election petition, by the Oath Commissioner. During the pendency of this petition, one of the petitioners i.e. Petitioner No.1, who was the contesting candidate for the Nazim Seat, has died and Mr. S.M. Masud on the verbal request, has been allowed to delete his name.
2. Petitioner No.2, the contestant for Naib Nazim, is allowed to pursue the matter and it has been argued by Mr. S.M. Masud, that there is no requirement of law, for the attestation of the election petition by the Oath Commissioner. He has referred not only the rule 72 of the Election Rules but also Order VI, Rule 15, C.P.C. By reference of which the verification is required to be made on the election petition.
2. Learned counsel for the respondent, when confronted has argued that the provisions of Rule 72 are mandatory in nature; when the election petition has been verified and solemnly affirmed, it needs necessary attestation by the Oath Commissioner. When required to quote any law, under which such attestation is necessary, no reference could be made. Thus I am of the view that the verification of the election petition should be only on oath or solemn affirmation and should be signed by the petitioner, as in the case of a plaintiff in a suit, who is required to sign the verification only. But there is no requirement of law, which makes it mandatory that such verification should also be attested by the OathCommissioner. Resultantly, the view taken by the Election Tribunal in dismissing the election petition of the petitioner is erroneous and illegal and is hereby set aside.
3. The case is remanded to the Tribunal for its decision in accordance with law. It may however, be observed that the Tribunal shall also consider the effects of the death of the co-petitioner, who was co-candidate with petitioner No.2 as Nazim and shall determine, whether in the changed circumstances, if the present petitioner alone can sustain and pursue the election petition.
4. Accordingly, the petition stands allowed.