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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Kripanath Mallah, S/o. Late Krishnamohan Mallah – Appellant
Versus
HAFIZ RASHID AHMED CHOUDHURY – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The instant application has been filed under Section 86 of the Representation of the People (ROP) Act, 1951 read with Section 151 of the CPC praying for dismissal of the Election Petition. The connected Election Petition has been filed by the opposite party, as election petitioner under Section 80 read with Sections 80A and 81 of the ROP Act 1951, challenging the election of the present applicant from No. 7, Karimganj, Parliamentary Constituency, Assam, to the Lok Sabha in the General Elections held in the year 2024.
2. In the Election Petition, this Court, vide order dated 22.07.2024 had issued summons whereafter, the present applicant, as respondent, had appeared and had subsequently filed the present application on 28.10.2024. The principal ground of filing this application for dismissal of the Election Petition is that the presentation of the same is not in accordance with law. It has been contended that the Election Petition has been filed in violation of the procedure laid down in Sections 81 and 83 of the ROP Act. It is also the case of the applicant that in the copy served upon them, there were four pages missing and therefore, the applicant h
Election - Presentation of petition - There is a specific failure of the election petitioner opposite party in compliance of Section 81 of Act, 1951 - Requirements while filing an election petition a....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
An Election Petition cannot be dismissed at the threshold for minor defects; substantial compliance is sufficient, particularly for curable technical defects under the Representation of the People Ac....
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
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