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D. KRISHNAKUMAR
V. M. C. S. Manoharen – Appellant
Versus
M. Nagathiyagarajan – Respondent
ORDER :
Prayer: Election Petition filed under Sections 100(1)(b), 100(1)(d)(ii) & (iv), 101 (a) & (b), 123(2) & (4) of the Representation of the People Act, 1951 r/w. Rule 2 of the Madras High Court Conduct of Election Petition Rules 1967.
The petitioner has filed this Election Petition under Sections 100(1)(b), 100(1)(d)(ii) & (iv), 101(a)&(b), 123(2) and (4) of the Representation of Peoples Act 1951 [in short “RP Act”], read with Rule 2 of the Madras High Court Conduct of Election Petition Rules, 1967, praying for the following relief:
(b) Declare the petitioner as the duly elected candidate from Neravy-T.R.Pattinam Constituency in Karaikal at Union Territory of Puducherry;
(c) To pass such further orders.
BRIEF FACTS OF THE CASE
2.1. The election petitioner is one of the candidates who contested for the general elections at Neravy – T.R. Pattinam Constituency in Karaikkal. The petitioner is a Bharathiya Janata Party (BJP) Candidate and the first respondent is a Dravida Munnetra Kazhagam (DMK) candida
The Model Code of Conduct lacks statutory force and does not constitute grounds for declaring an election void under the Representation of the People Act, 1951.
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....
An election petition must disclose specific material facts and particulars of corrupt practices; failure to do so results in dismissal under the Representation of the People Act.
Election petitions must meet procedural requirements and demonstrate that alleged violations materially affected election results to be maintainable.
An election petition must comply with mandatory provisions of the Representation of the People Act, including the joinder of necessary parties, or it is liable to be dismissed.
Corrupt practices in elections, including undue influence based on religion and dissemination of false statements, violate the Representation of People Act, leading to disqualification and annulment ....
An election petition must comply with statutory requirements, including joining necessary parties and pleading material facts; failure to do so results in dismissal.
Election petitions lacking material facts on corrupt practices like undue influence or material effect of statutory non-compliance must be rejected under Order VII Rule 11 CPC read with Section 83 RP....
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