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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), (ITANAGAR BENCH)
MITALI THAKURIA
Tojir Kadu, Son of Late Tato Kadu – Appellant
Versus
Gegong Apang, Son of Late Emi Apang – Respondent
ORDER :
(MITALI THAKURIA, J.)
Heard Mr. D. Mazumder, learned Senior Counsel assisted by Mr. S. K. Deori & Mr. K. Dabi, learned counsel for the applicant/returned candidate. Also heard Mr. N. Pada, learned counsel for the respondent No. 1/Election Petitioner.
2. The present interlocutory application has been filed seeking dismissal of the Election Petition No. 4/2024 under Order VII Rule 11(a) of the Code of Civil Procedure, 1908, for non-disclosure of cause of action and material facts, and also under Order VI Rule 16 of the Code of Civil Procedure, 1908 for striking out portions of the pleadings that are alleged to be unnecessary, scandalous, frivolous, and vexatious.
3. The applicant is the returned candidate and arrayed as respondent No. 1 in Election Petition No. 4/2024, which has been filed by the election petitioner challenging the election result of the 36-Nari Koyu (ST) Assembly Constituency of the Arunachal Pradesh Legislative Assembly. Respondent No. 2 is the Returning Officer and has been arrayed as a pro forma respondent.
4. It is the case of the applicant that the election petition lacks the requisite material facts and particulars regarding the alleged corrupt practices, s
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.
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....
An election petition must disclose specific material facts and particulars of corrupt practices; failure to do so results in dismissal under the Representation of the People Act.
An election petition must comply with mandatory provisions of the Representation of the People Act, including the joinder of necessary parties, or it is liable to be dismissed.
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....
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....
An election petition must comply with statutory requirements, including joining necessary parties and pleading material facts; failure to do so results in dismissal.
Election petitions under the Representation of Peoples Act must provide precise allegations of corrupt practices to disclose a valid cause of action; vague claims do not suffice.
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