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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Ram Lal Thakur – Appellant
Versus
Randhir Sharma – Respondent
| Table of Content |
|---|
| 1. petition defective lacking form 25 affidavit, material facts. (Para 2 , 3 , 4 , 5 , 6) |
| 2. defects curable; petition discloses cause of action. (Para 7 , 10 , 11) |
| 3. verification on legal advice invalidates affidavit. (Para 8 , 9) |
| 4. confine adjudication to order vii rule 11. (Para 12 , 13 , 14 , 18 , 19 , 20) |
| 5. election challenged on irregularities, corrupt practices. (Para 15 , 16 , 17 , 28 , 29) |
| 6. section 83 mandates affidavit for corrupt allegations. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. affidavit defects curable; substantial compliance suffices. (Para 30 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. grant opportunity to cure affidavit defect. (Para 39) |
| 9. pleadings allege bribery with candidate's consent. (Para 41 , 42 , 43) |
| 10. petition not rejectable; proceed to trial. (Para 44 , 45 , 46) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this EMP filed under Order VI, Rule 16 read with Order VII, Rule 11 read with Section 151 of the CIVIL PROCEDURE CODE , the applicant has prayed for the following relief:-
“It is therefore, respectfully prayed that paragraphs 3, 4, 7(I)(a) to (f), 7(II)(a) and (b), 7(III)(a) and 8 may kindly be struck off under Order 6 Rule 16 and the Election
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....
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.
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
Affidavits in election petitions must meet specific legal standards; non-compliance leads to dismissal.
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....
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
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....
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