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REKHA BORANA
Jitendra Kumar, S/o. Late Shri Nanuram Ji Khatik – Appellant
Versus
Shri Vishvaraj Singh, S/o. Shri Mahendra Singh Ji Mewad – Respondent
ORDER :
(Rekha Borana, J.)
1. The matter has come upon an application under Order VII Rule 11 of Code of Civil Procedure, 1908 (CPC) as preferred on behalf of respondent No.1 for dismissal of the election petition.
2. The present election petition has been preferred by the petitioner with the following prayers :
(ii) That the result dated 3.12.2023 and nomination of respondent number 1 may kindly be canceled and or election may be declared void and the petitioner may be declared elected for the post of MLA of Assembly Constituency 176 (Nathdwara) and declared elected for a period of 5 years from the date of declaration.
(iii) Any other order or direction, which this Hon’ble Court considers just and proper in the interest of justice. Cost of the election petition may kindly be granted.”
3. The ground raised in the election petition is that respondents No.1 & 3 to 5 had filed false affidavits in support of their nomination papers and further, co
Election petitions must disclose a cause of action; frivolous petitions are to be dismissed at the threshold.
An election petition must contain specific pleadings to establish a cause of action, and cannot be dismissed at the preliminary stage if such pleadings are present, as the merits of the case should b....
Application under Order VII rule 11 should be considered at the threshold. On the other hand application under Order VI rule 16 for striking out pleadings may be resorted to at any stage.Election pet....
An election petition must disclose material facts and particulars; vague allegations without evidence do not establish a cause of action.
Election petitions must plead concise material facts under Section 83(1)(a) RP Act to disclose cause of action; deficient, vague pleadings warrant dismissal under Order VII Rule 11 CPC without trial.
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.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
The election petition was dismissed due to failure to prove that the alleged non-compliance with election affidavit laws materially affected the election outcome.
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