Plaintiffs, citizens of Bartow County, participated in a recall effort against County Commissioner Frank Moore. OCGA Ch. 21-4. When they submitted their petition to the Probate Judge, Norma Tidwell, for verification of the signatures, she disqualified 1950 of them. OCGA §§ 21-4-7; 21-4-10. As a result, the total number of verified signatures fell below the number necessary to require a recall election, and the plaintiffs filed this mandamus action to force the probate judge to verify the signatures properly.1 OCGA § 21-4-17. The trial court dismissed the plaintiffs’ petition for failure to state a claim. They appeal.
Judge Tidwell argues that the trial court properly dismissed the plaintiffs’ petition because it was brought under OCGA § 21-2-521, a section on contesting results of primaries or elections. The plaintiffs contend that while they may have cited an inappropriate Code section,2 the petition clearly states a claim under the Civil Practice Act. OCGA § 9-11-8. See Dillingham v. Doctors Clinic, P. A., 236 Ga. 302 (223 SE2d 625) (1976).
We agree with plaintiffs that, notwithstanding the reference to OCGA § 21-2-521, and the inclusion of prayers for equitable relief, the complaint states a claim under OCGA § 21-4-17,3 and its dismis*648sal was error. Cochran v. McCollum, 233 Ga. 104 (210 SE2d 13) (1974).
Decided January 28, 1987
Reconsideration denied February 12, 1987.
William T. Elsey, for appellants.
David N. Vaughan, Jr., Velma C. Tilley, Davis & White, Jefferson L. David, Jr., for appellee.
Judgment reversed.
All the Justices concur, except Smith and Gregory, JJ., who dissent.