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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Abhay S. Oka, JJ.
Madhya Pradesh Jan Vikash Party – Appellant
Versus
Election Commission of India – Respondent
Petition(s) for Special Leave to Appeal (C) No(s). 16870 of 2022 (Arising Out of Impugned Final Judgment and Order Dated 14-12-2021 in WP No. 26671 of 2021 Passed by the High Court of M.P Principal Seat at Jabalpur)
Decided On : 30-09-2022
Election Process - Representation of the People Act, 1951 - The court dismissed the petition seeking recognition by filing petitions and imposed costs of Rs. 50,000 to be deposited with Supreme Court Group-C (Non-Clerical) Employees Welfare Association.
Fact of the Case:
The court dismissed the petition seeking recognition by filing petitions.
Finding of the Court:
The court found that such petitions must be deterred and imposed costs of Rs. 50,000 to be deposited with Supreme Court Group-C (Non-Clerical) Employees Welfare Association.
Issues: Petition seeking recognition by filing petitions.
Ratio Decidendi: Such petitions must be deterred.
Final Decision: The petition was dismissed and costs of Rs. 50,000 were imposed to be deposited with Supreme Court Group-C (Non-Clerical) Employees Welfare Association.
ORDER
1. The election process under the representation of the People Act, 1951 is monitored by a Constitutional Authority like Election Commission. Electronic Voting Machines (EVM) process has been utilized in our Country for decades now but periodically issues are sought to be raised. This is one such endeavor in the abstract. It appears that party which may not have got much recognition from the electorate now seeks recognition by filing petitions!
2. We are of the view that such petitions must be deterred and thus dismiss this petition with costs of Rs. 50,000/- to be deposited with Supreme Court Group-C (Non-Clerical) Employees Welfare Association within a period of four weeks from today.
3. Pending applications stand disposed of.
The court deterred the filing of petitions seeking recognition and imposed costs as a deterrent.
Deterrence of petitions seeking recognition through challenges to the election process under the Representation of the People Act, 1951.
Election petitions must contain precise allegations of corrupt practices, failing which they may be dismissed.
The nomination of a candidate can only be rejected by the Returning Officer if there is a genuine reason for doing so, and the Returning Officer must follow the procedure prescribed by the Act and th....
The Representation of the People Act, 1951 does not permit review of orders in Election Petitions, rendering such petitions non-maintainable.
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
Election - Conducted through ballot paper instead of EVM in absence of VVPAT Petition has been filed without any logic and justification - No foundation has been laid as to why EVMs be not used - Ele....
The Representation of the People Act, 1950 does not permit review of High Court orders in Election Petitions, as it is a self-contained code without provisions for such review.
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