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IN THE HIGH COURT AT CALCUTTA
Krishna Rao
Rekha Patra – Appellant
Versus
Akhtar Rahman Biswas – Respondent
| Table of Content |
|---|
| 1. factual background of election petition (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding compliance and limitations (Para 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17) |
| 3. court's observations on compliance with election laws (Para 18 , 19 , 20 , 21 , 26 , 28 , 30 , 31 , 32 , 34 , 36 , 38) |
| 4. determining mandatory vs. directory provisions (Para 22 , 23 , 24 , 25 , 27 , 29 , 33 , 35) |
| 5. rejection of applications based on limitations (Para 39) |
JUDGMENT :
Krishna Rao, J.
1. The respondent no.6 has filed an application being G.A. No. 3 of 2025 for recalling of the order dated 19th December, 2024 and for allowing the respondent no. 6 to file written statement.
2. One Mr. Tarik Hasan has filed an application being G.A. No. 4 of 2025 for substitution in place of Returned Candidate, namely, Sk. Nurul Islam and to file written statement.
3. Originally, the petitioner, namely, Smt. Rekha Patra has filed an Election Petition being E.P. No. 3 of 2024 for declaring the returned candidate from the 18-Basirhat Parliamentary Constituency of District North 24 Parganas in the House of the People as void and to set aside.
4. In the Election Petition, the petitioner had made all together 16
The time period for substituting candidates in election petitions under Section 116 of the Representation of the People Act, 1951 is mandatory, and failure to comply within the specified 14 days resu....
Election disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
Election petitions must comply with mandatory provisions of the Representation of the People Act, 1951, including timely filing and joining necessary parties, or they will be dismissed.
Point of Law : An Election Petition presented to the Election Commission is scrutinised by it and if Election Commission does not dismiss it for want of compliance with provisions of Section 81, Sect....
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
The Representation of People Act, 1951 mandates strict adherence to the limitation period for filing election petitions, and non-compliance results in dismissal without consideration of merits.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
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