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R. RAGHUNANDAN RAO
Modugala Venugopala Reddy – Appellant
Versus
Jayadev Galla – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
1. As part of the General Elections, 2019, elections were conducted for No. 13 Guntur Parliamentary Constituency. It may also be noted that there were simultaneous elections to the Legislative Assembly for the State of Andhra Pradesh also. Guntur Parliamentary Constituency contained seven (7) Assembly Constituency segments namely, No. 86 Tadikonda, No. 87 Mangalagiri, No. 86 Ponnur, No. 91 Tenali, No. 93 Prattipadu, No. 94 Guntur West and No. 95 Guntur East. Polling was conducted on 11.04.2019 and the votes were counted on 23.05.2019. The petitioner along with respondents 1 to 18 had contested this election. After the votes had been counted, the 1st respondent was declared elected with a majority of 4,205 votes over the petitioner herein.
2. The petitioner herein, being aggrieved by the said result, has filed the present Election Petition under Section 100(1)(d)(iii) and (iv) of the Representation of the Peoples Act, 1951 (hereinafter referred to as 'The Act'). The said provision reads as follows:
(a) .....
(b) .....
(c) ....
The rejection of postal ballots was valid under election rules, and discrepancies did not materially affect the election outcome.
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....
An election petition must contain material facts; vague allegations without substantiation lead to dismissal.
As per provision of Section 31 of Registration of People Act, 1951 and Rule 2 (1) (g) of Conduct of Election Rules, 1961, the Returning Officer concerned did not published put on notice board for pub....
The election petition must contain concise statements of material facts and full particulars of any corrupt practice alleged, and failure to state material facts may lead to dismissal of the petition....
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
An election petition must contain specific prayers and material facts; defective electoral rolls alone cannot invalidate an election, and the absence of full particulars does not preclude trial if ma....
Election petitions must plead concise material facts under Section 83(1)(a) RP Act to disclose cause of action; deficient, vague pleadings warrant dismissal under Order VII Rule 11 CPC without trial.
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