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PARTH PRATEEM SAHU
Jugmuniya, W/o Ram Lal – Appellant
Versus
State Of Chhattisgarh, Through - Secretary, Panchayat And Rural Development Department – Respondent
ORDER :
(Parth Prateem Sahu, J.)
1. The petitioner has filed this writ petition seeking following reliefs:-
10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate.
2. This writ petition is filed by the petitioner challenging the order dated 22.11.2021 passed by the Sub-Divisional Officer (Revenue)-cum-Election Tribunal/Respondent No. 2 where, the election petition filed by the Respondent No. 5 was allowed and the election of the petitioner was declared to be void.
3. Learned counsel for the petitioner submits that the Election Tribunal while considering the election petition filed by the Respondent No. 5 has not followed the due procedure as prescribed under the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter for brevity referred to as the Rules, 1995).
Election Tribunals must adhere to procedural rules, including issue formulation and evidence recording, to ensure fair adjudication of election disputes.
No election petition can be validly determined without proper issue framing and witness examination as mandated by law.
The main legal point established in the judgment is the requirement for a civil trial-like procedure, including the framing of issues, recording of evidence, and deciding preliminary objections, in t....
(1) Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided by statue must be availed.(2) When it comes to interpretation of statutory prov....
The mandatory requirement of security deposit for election petitions must be complied with at the time of filing, and failure to do so results in dismissal, as affirmed by precedent.
The Limitation Act, 1963 does not apply to election petitions under the U.P. Kshettra Panchayat and Zila Panchayat Act, and petitions filed beyond the specified timeframe are not maintainable.
An appeal under election law cannot be converted into a valid election petition unless it complies with mandatory requirements of security deposit and verification.
The mandatory requirement for security deposit in election petitions is essential and non-compliance leads to dismissal, emphasizing the procedural integrity governed by the Chhattisgarh Municipaliti....
Point of Law : Election Result – Challenged - Election petition had a jurisdictional error, therefore, the Tribunal was not justified to go into it as the very basis of exercising the jurisdiction wa....
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