ABHAY S. OKA, RAJESH BINDAL
Senthilbalaji V. – Appellant
Versus
A. P. Geetha – Respondent
JUDGMENT
Abhay S. Oka, J. -
FACTUAL ASPECTS
1. These appeals arise out of an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951 (for short, 'the RP Act of 1951'). The Election Petition was filed by the first respondent in the Madras High Court questioning the validity of the election of 134 -Aravakurichi Assembly Constituency (for short, 'the said Constituency'). Polling was held on 19th November 2016 and the result was declared on 22nd November 2016. The present appellant is the 5th respondent in the Election Petition filed by the first respondent. The present appellant was declared as elected. He was polled 88,068 votes. The 6th respondent in the Election Petition (the 6th respondent in this appeal) was polled 64,407 votes. Only 82 voters voted for the first respondent (Election Petitioner).
2. The first ground of challenge in the Election Petition is the improper acceptance of nomination papers of the appellant and the 6th respondent. The second ground of challenge is that the election is void as the appellant has indulged in corrupt practices. The allegation is that the appellant's agent and some other persons with the co
Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such materi....
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Clause (4) of Section 123 of Act shows that publication is required to be reasonably calculated by a candidate or his agent.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
An election petition must contain concise material facts and particulars as per the Representation of Peoples Act, 1951; failure to do so results in dismissal.
The election petition must contain concise material facts and full particulars of any corrupt practice, and failure to disclose even a single material fact would entail dismissal of the election peti....
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
Without proper verification and without requisite affidavits cause of action remains incomplete.
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
Defective affidavit (not Form 25) in corrupt practice election petition is curable defect; opportunity to rectify required before dismissal under O7 R11 CPC. Pleadings alleging bribery with candidate....
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