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SANDEEP V. MARNE
Ravindra Dattaram Waikar – Appellant
Versus
Ravindra Dattaram Waikar – Respondent
JUDGMENT :
(Sandeep V. Marne, J.)
1) Respondent No.1 in the Election Petition, who is the Returned Candidate, has filed Application (L) No. 29930 of 2024 seeking rejection of the Election Petition under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 ( Code ). Respondent No.1 has also filed Application (L) No.29880 of 2024 for striking of various paragraphs pleaded by the Petitioner in the Election Petition under Order VI Rule 16 of the Code.
2) The Election Petition seeks declaration of election of Respondent No.1 to the 18th Lok Sabha from 27 Mumbai North-West Constituency as void under provisions of Section 100(1)(d)(iii) and (iv) of Representation of People Act, 1951 ( RP Act). The Election Petition further seeks a declaration that the Petitioner is duly elected to the 18th Lok Sabha from 27 Mumbai North-West Constituency under Section 84 read with Section 101(a) of the RP Act.
3) Brief facts leading to filing of the Election Petition are that the Election Commission announced the schedule for 2024 General Elections to the 18th Lok Sabha on 16 March 2024, which were to be conducted in seven phases. So far as election for 27-Mumbai North-West Constituency is co
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....
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
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.
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.
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....
An election petition may be rejected if it fails to comply with mandatory pleading requirements regarding concise statements of material facts and particulars of corrupt practices as per the Represen....
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
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