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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
Suraj Balram Mishra – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By the present election petition, the petitioner has challenged the election of respondent No.5 - Nitin Jairam Gadkari on the ground that the Bharatiya Janta Party (BJP) and its workers have violated the Model Code of Conduct. It is alleged that Software was created and slips were distributed to voters having photographs, name of respondent No.5 - Nitin Jairam Gadkari and symbol of the BJP. It is further alleged that machines were given to the representatives of all booths of Nagpur. The main function of the machine was to print the voters’ details having photos, name of respondent No.5 - Nitin Jairam Gadkari and symbol of the BJP. Thus, respondent No.5 - Nitin Jairam Gadkari and the BJP committed violation of Code of Conduct. The respondent No.5 - Nitin Jairam Gadkari by means of corrupt practices violated the Model Code of Conduct. Various complaints including the complaint of the petitioner were lodged as to the said violation. However, no cognizance was taken and hence the petition.
2. By this petition, the petitioner has claimed following reliefs:
I) Allow the petition and thereby direct the respondents authorities to conduct fresh and fair en
An election petition must disclose specific material facts and particulars of corrupt practices; failure to do so results in dismissal under the Representation of the People Act.
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.
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 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.
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
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....
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