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RAKESH MOHAN PANDEY
Krishna Nandan Singh S/o Late Shri Prabhunath Singh – Appellant
Versus
Chhatisgarh Election Commission Through: the Chief Electoral Officer – Respondent
ORDER :
Rakesh Mohan Pandey, J.
1.Respondent No.4/Returned Candidate has filed an application (I.A. No. 02/2024) under Order VII Rule 11 of the Civil Procedure Code (for short 'CPC') read with Section 86 of the Representation of People Act, 1951 (for short 'the Act, 1951') for dismissal of the election petition.
2.The facts of the present case are that the Second Phase of the General Election to the Legislative Assembly of the State of Chhattisgarh was notified on 21st October, 2023. The last date for submission of the nomination form was 30th October, 2023. The date of scrutiny of nomination papers was 31st October, 2023. 02nd November, 2023 was scheduled for withdrawal of nomination papers. The date of the Poll was 17th November, 2023 and the date of counting was 03rd December, 2023. The election petitioner is a voter for Legislative Assembly, Constituency Circle No. 11, Sitapur, District Surguja, Chhattisgarh and his name is mentioned at Serial No. 627, Epic No. MP/12/096/144354. He filed his nomination paper as an independent candidate for Legislative Assembly, Circle No. 10 Ambikapur, District Surguja on the last date of nomination i.e. 30.10.2023 at 02:30 PM and the receipt in t
The failure to rectify substantial defects in a nomination paper justifies its rejection under the Representation of People Act, 1951.
The nomination was rightly rejected due to substantial defects which could not be corrected post-deadline, validating the Returning Officer’s actions.
Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done but must also seem to be done, similarly elections should not only....
The burden of proof in election petitions alleging improper acceptance of nominations lies with the petitioner to show material effect on election results.
Returning Officer is not expected to reject a nomination paper, without giving an opportunity to the candidate or his representative present at the time of scrutiny to meet an objection, capable of b....
The proper procedures for nomination acceptance as outlined in the Representation of the People Act were followed, validating the election outcome.
The plenary powers of the Election Commission of India under Article 324 of the Constitution to correct errors or deficiencies in the electoral process and the limitation of judicial intervention at ....
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