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KIRANMAYEE MANDAVA, NYAPATHY VIJAY
YSR Congress Party – Appellant
Versus
Election Commission of India Represented By Its Chief Election Commissioner – Respondent
ORDER
Kiranmayee Mandava, J. - The proceedings under challenge in the present Writ Petition are the proceedings of the 1st respondent issued in connection with the counting of postal ballot of 'voters on election duty'.
2. The Writ Petition is filed seeking following reliefs:
'issue Writ, order or direction; more particularly one in the nature of writ of Mandamus declaring the Memo No.5369/Elecs.D2/2024 dated 25.05.2024 and Memo No.5369/Elecs.D2/A2/2024 dated 27.05.2024 issued by the Respondent No. 2 herein as being illegal, arbitrary, unjust, vague, ultra vires, violative of Articles 14, 19 (1) (a) and 326 of the Constitution of India, violative of the preamble of the Constitution of India, violative of the Representation of Peoples Act, 1951, violative of the Conduct of Election Rules, 1961 and violative of Lr. No.464/Counting Process/2023-EPS dated 19.07.2023 that is issued by the Election Commission of India, and without jurisdiction; and consequently, set aside Memo No.5369/Elecs.D2/2024 dated 25.05.2024 and Memo No.5369/Elecs.D2/A2/2024 dated 27.05.2024 that are passed by the Respondent No.2 herein; and pass such order or other orders as this Hon'ble Court deems fit and proper i
The main legal point established in the judgment is that election disputes falling within the domain of Chapter II of R.P. Act, 1951 should be challenged through a properly constituted election petit....
Election disputes must be resolved through election petitions as per Article 329(b) of the Constitution, not through writ petitions.
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
Election - Presentation of petition - There is a specific failure of the election petitioner opposite party in compliance of Section 81 of Act, 1951 - Requirements while filing an election petition a....
Election disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
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