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DINESH MEHTA
Hathi Singh – Appellant
Versus
Bheraram – Respondent
ORDER
1. The jurisdiction of this Court under Article 226/227 of the Constitution of India has been invoked by the petitioner, for the purpose of challenging the order dated 27.07.2021, passed by the learned Senior Civil Judge, Jodhpur District Jodhpur (hereinfater referred to as 'the Election Tribunal' or 'the Tribunal').
2. Before adverting to the legal issues involved, it would be apt to run through the factual canvas of the case.
3. The respondent-election petitioner filed an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as 'the Rules of 1994'). It was inter alia averred in the election petition that petitioner-returned candidate and the respondent-election petitioner had submitted their nomination forms for the post of Sarpanch, Gram Panchayat Belwa Khatriya. Apart from the petitioner and respondent, various other persons had submitted their nomination forms, out of which some withdrew their nomination forms whereas forms of some of them were rejected. Resultantly only two candidates, the petitioner and the
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The mandatory requirement for security deposit in election petitions is essential and non-compliance leads to dismissal, emphasizing the procedural integrity governed by the Chhattisgarh Municipaliti....
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
The main legal point established in the judgment is that amending an election dispute under Order 6 Rule 17 of the Code of Civil Procedure to correct an inherent mistake and extend the filing period ....
Point of Law : An Election Petition presented to the Election Commission is scrutinised by it and if Election Commission does not dismiss it for want of compliance with provisions of Section 81, Sect....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
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