Back
V. SRINIVAS
Maddali Giridhar Rao – Appellant
Versus
Chandragiri Yesuratnam – Respondent
ORDER :
V. Srinivas, J.
I.A.No.3 of 2023 is filed by the petitioner/1st respondent to reject/dismiss the Election Petition No.15 of 2019 under Order 7 Rule 11(a) of the Code of Civil Procedure for non-compliance of the mandatory procedure under Sections 81, 83 and 86 of the Representation of the People Act, 1951 (hereinafter referred to as “R.P. Act”) read with Conduct of Elections Rules, 1961.
2. I.A.No.3 of 2024 is filed by the petitioner/Election Petitioner prays to permit him to carry out curable defects occurred in the Election Petition No.15 of 2019 and to file neatly typed copy of the same.
3. Heard Sri P. Rajasekhar, learned Senior Counsel appearing for Sri A. Sai Rohit, learned counsel for the petitioner/respondent No.1 in I.A.No.3 of 2023 and Sri Narasimhulu, learned counsel and Sri K. Satyanarayana Murthy, learned Senior Counsel for the petitioner/Election Petitioner in I.A.No.3 of 2024.
4. The brief averments mentioned in the affidavit filed along with the petition in I.A.No.3 of 2023 as follows :
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....
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
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....
The absence of an affidavit in Form 25 does not lead to automatic dismissal of an election petition, provided there is substantial compliance with procedural requirements, and any defects noted are c....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Affidavits in election petitions must meet specific legal standards; non-compliance leads to dismissal.
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
