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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kardak Ete
Tai Nikio, Son of Late Tai Kami – Appellant
Versus
Tadar Mangku, Son of Late Tadar Tagam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. P. K. Tiwari, learned Senior counsel assisted by Mr. T. Lamgu, learned counsel for the applicant/respondent. And also heard Mr. Rituraj Biswas and Mr. D.J. Kapil, learned counsel for the opposite party/election petitioner.
2. This is an application under Order VI Rule 16 of the Code of Civil Procedure, 1908 seeking striking out pleadings in the connected Election Petition No. 7(AP)/2024, on the ground that the same are unnecessary, scandalous, frivolous and vexatious.
3. The opposite party/election petitioner has filed the Election Petition No. 7(AP)/2024, for declaration of the election of the applicant/respondent from 19 Nyapin (ST) Assembly Constituency to be void under Section 98(b) of the Representation of Peoples Act, 1951 (hereinafter referred to as the RP Act, 1951 in short) on the ground of commission of corrupt practice by a returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent as provided under Section 100 (1)(b) of the RP Act, 1951 and also for a declaration of the election of the applicant/respondent under Section 98(c) of the RP Act, 1951 and under Section 101 (b
An election petition must contain specific prayers and material facts; defective electoral rolls alone cannot invalidate an election, and the absence of full particulars does not preclude trial if ma....
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.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
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....
The failure to plead sufficient material facts in an election petition can be fatal, but prima facie material facts allowing for further proceedings may still exist.
Election petitions must strictly adhere to statutory provisions as alleged corrupt practices must be substantiated with clear material facts, or they are subject to dismissal.
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