VINIT KUMAR MATHUR
Mahaveer Prasad Pareek @ Tiwari S/o. Shri Sohan Lal – Appellant
Versus
Rampratap Kaslaniya – Respondent
JUDGMENT :
1. The case is listed on an application preferred by respondent No.1 - Rampratap Kaslaniya under Order 7 Rule 11 C.P.C. read with Section 83 of The Representation of the People Act, 1951 as well as on the application preferred by the respondents under Order 1 Rule 13 CPC read with Section 86 of the Representation of the People Act, 1951.
2. Briefly, the facts in the present Election Petition are that the instant Election Petition has been preferred under Sections 80, 81, 100(1)(B) of the Representation of the People Act, 1951 (hereinafter referred to as "the Act of 1951"), whereby, a challenge has been made to the Election of the respondent No.-1 (Rampratap Kaslaniya) as Member of the Legislative Assembly (MLA) of Suratgarh (No.4), District Sri Ganganagar in pursuance to the Rajasthan Legislative Assembly Election, 2018. The result of the Rajasthan Legislative Assembly Election-2018 was declared on 11.12.2018 and the respondent No.1-Shri Rampratap Kaslaniya was declared as Member of Legislative Assembly (M.L.A.) of Suratgarh (No.4), District Sri Ganganagar.
3. Aggrieved of t
Anil Vasudev Salgaonkar V/s Naresh Kushali Shigaonkar reported in (2009) 9 SCC 310
V. Narayanaswamy V/s C. P. Thirunavukkarasu reported in (2000) 2 SCC 294
Rahim Khan V/s Khurshid Ahmed and others reported in (1974) 2 SCC 660
C.P. John V/s Babu M. Palissery reported in (2014) 10 SCC 547
Clause (4) of Section 123 of Act shows that publication is required to be reasonably calculated by a candidate or his agent.
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 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.
RP Act is a complete and self contained code, within which, any rights claimed in relation to an election or an election dispute must be found.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
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.
Without proper verification and without requisite affidavits cause of action remains incomplete.
Election petitions must allege clear material facts for corrupt practices; mere suspicions and vague allegations do not provide a basis for a trial.
Defective affidavit (not Form 25) in corrupt practice election petition is curable defect; opportunity to rectify required before dismissal under O7 R11 CPC. Pleadings alleging bribery with candidate....
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