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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Ram Lal Thakur – Appellant
Versus
Randhir Sharma – Respondent
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 Petition may kindly be dismissed under Order 7 Rule 11 r/w Section 151 of CPC r/w Section 81, 83, 86 & 87 of the Representation of the People Act, 1951, in the interest of justice.”
2. In terms of this application, the applicant/respondent No.1 in the election petition contends that the non- applicant/election petitioner (hereinafter referred to as the petitioner), has challenged his election from Assembly Constituency-49, Shree Naina Devi Ji, as a member of the Himachal Pradesh Legislative Assembly.
3. According to the applicant, the election petition has been filed in violation of the provisions of the Representation of People Act, 1951 (hereinafter referred to as ‘the 1951 Act’). It is vague, ambiguous, lacks material facts and does not disclose any cause of action. The averments made in the election peti
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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