Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S.Kariel
Rahul Vasudevbhai Vyas – Appellant
Versus
Hemang Yogeshbhai Joshi – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Senior Advocate Mr. N.D. Nanavaty with learned Advocate Mr. Mitul Shelat and learned Advocate Ms. Disha Nanavaty on behalf of the applicant- original respondent no.1 and party-in-person-Mr. Rahul Vasudevbhai Vyas for himself as the respondent no.1- original petitioner and learned Advocate Mr. Sahil M. Shah with learned Advocate Mr. Taukib M. Mandli for respondents no.2 and 3 - original respondents no.2 and 3. [The parties shall hereinafter be referred to as per their status in the Election Petition].
2. By way of this application under Order VII Rule 11 (c) (d) of the Code of Civil Procedure read with Sections 81 , 82, 83 and 84 of the Representation of Peoples Act, 1951 ( hereinafter referred to as ‘ The RP Act, 1951” for short ) the respondent no.1 has prayed that this Court may reject election petition preferred by the original petitioner -party-in-person.
2.1 Briefly stated, the original petitioner and respondent no. 1 had contested elections to the Lok Sabha in the Vadodara- 20 constituency, which was held on 07.05.2024. The applicant-original respondent no. 1 had secured the highest number of votes and had been declared as elected,
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.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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.
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....
Election petitions must contain precise and material facts, especially concerning alleged corrupt practices, as mandated by Section 83 of the Representation of People Act, 1951.
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....
The Election Petition must contain a concise statement of material facts and full particulars of any alleged corrupt practice, and demonstrate how the result of the election was materially affected b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
