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SANDEEP V. MARNE
Shahaji Nanai Thorat @ Shahjirao Dhondiba Thorat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1) Petitioner has filed the present Election Petition challenging election of Respondent No.7 from 28-Mumbai North East Parliamentary Constituency vide result dated 4 June 2024 and for a declaration of his own election from that constituency. In the Election Petition as originally filed, Petitioner initially impleaded State of Maharashtra, Returning Officer, Election Commission of India, Union of India and other Government officials in addition to the returned candidate (Respondent No.7) thereto. After noticing provisions of Section 82 of the Representation of the People’s Act, 1951 (the Act) the Petitioner has filed Application (Lodging) No.27786 of 2024 seeking issuance of summons against 18 candidates, who also contested the election. Respondent No.7 has opposed Application (Lodging) No.27786 of 2024 by filing affidavit-in-reply. Additionally, Respondent No.7 has filed Application (Lodging) No. 32011 of 2024 seeking (i) deletion of Respondent Nos.1 to 6 from the Election Petition, (ii) dismissal of the Election Petition for non-compliance of provisions of Section 82 of the Act, (iii) striking off the pleadings in various paragraphs of the Election Petition under Order
The Election Petition was dismissed for failing to comply with mandatory provisions of Section 82 of the Representation of the People Act, 1951, requiring all contesting candidates to be joined.
Compliance with the provisions of the Representation of People Act, particularly Section 82, is mandatory for an election petition. Amendments that take the petition out of the mandatory provisions o....
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Non-joinder of a candidate accused of corrupt practices in an election petition results in its mandatory dismissal under Section 86 of the Representation of the People Act, 1951.
Election disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
An election petition must comply with statutory requirements, including joining necessary parties and pleading material facts; failure to do so results in dismissal.
An election petition must comply with mandatory provisions of the Representation of the People Act, including the joinder of necessary parties, or it is liable to be dismissed.
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