Back
SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, ABHAY S. OKA, JJ.
Madhya Pradesh Jan Vikash Party – Petitioner
Versus
Election Commission of India – Respondent
Petition for Special Leave to Appeal (C) No. 16870 of 2022
Decided On : 30-09-2022
Election Process - Representation of the People Act, 1951 - The court dismissed the petition seeking recognition and deterred such petitions, imposing costs of Rs. 50,000 to be deposited with a welfare association.
Fact of the Case:
The petition sought recognition through challenging the election process under the Representation of the People Act, 1951.
Finding of the Court:
The court dismissed the petition and imposed costs of Rs. 50,000 to be deposited with a welfare association, deterring such petitions.
Issues: Challenge to election process under the Representation of the People Act, 1951 and seeking recognition through the petition.
Ratio Decidendi: The court deterred such petitions and imposed costs, emphasizing the need to discourage challenges to the election process seeking recognition.
Final Decision: The petition was dismissed and costs of Rs. 50,000 were imposed to be deposited with a 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.
Deterrence of petitions seeking recognition through challenges to the election process under the Representation of the People Act, 1951.
The court deterred the filing of petitions seeking recognition and imposed costs as a deterrent.
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....
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
The Representation of the People Act, 1951 does not permit review of orders in Election Petitions, rendering such petitions non-maintainable.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
