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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR
Sadanand Sarvankar – Appellant
Versus
Mahesh Baliram Sawant – Respondent
| Table of Content |
|---|
| 1. undisputed election facts and suppressions alleged (Para 1 , 2) |
| 2. petition requires personal presentation by petitioner (Para 3 , 4 , 5 , 6) |
| 3. election petition must meet filing deadline (Para 7 , 8) |
| 4. true copy needs full attestation per page (Para 9 , 10 , 11) |
| 5. security deposit mandatory at petition presentation (Para 13 , 14) |
| 6. petition lacks material facts for cause (Para 15 , 16 , 17 , 18) |
| 7. petitioner complied with personal filing rules (Para 19 , 20 , 21 , 22 , 23) |
| 8. presentation date governs limitation period (Para 24 , 25 , 26 , 27) |
| 9. substantial compliance suffices for attestation (Para 28) |
| 10. deposit follows court procedural rules (Para 29 , 30) |
| 11. suppression of cases is corrupt practice (Para 31 , 32 , 33 , 34) |
| 12. non-compliance with sec 117 fatal defect (Para 35) |
| 13. election petition rejected in limine (Para 36) |
JUDGMENT :
ARIF S. DOCTOR, J.
1. The present Interim Application has been filed under the provisions of Section 86 of the Representation of the People Act, 1951 (“R.P. Act") read with Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC"), seeking dismissal of the captioned Election Petition.
2. Before adverting to the rival contentions
Election petition invalid if security for costs not deposited by petitioner at presentation; defect incurable despite later deposit. Non-disclosure of minor cases not corrupt practice without pleadin....
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.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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 alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
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