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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Raj Kumar Yadav – Appellant
Versus
Sarada Prasad Nayak – Respondent
| Table of Content |
|---|
| 1. challenge to election based on nomination issues. (Para 1 , 2 , 3) |
| 2. election petitioner's locus standi questioned. (Para 6 , 7) |
| 3. arguments on status of election petitioner. (Para 10 , 11) |
| 4. interpretation of 'candidate' under the act. (Para 13 , 14 , 15) |
| 5. locus standi requirements under the act. (Para 19 , 20 , 21) |
| 6. election petition dismissed for lack of locus standi. (Para 23 , 24) |
JUDGMENT :
The present application has been filed by the sole Respondent of the Election Petition under Section 86 of the Representation of the People Act, 1951 read with Order VI Rule 16, Order VII Rule 11, and Section 151 of the Code of Civil Procedure. By way of this application, the Respondent has prayed for striking out the pleadings contained in Paragraphs 8(A) to 8(G) of the Election Petition and for rejection/dismissal of the Election Petition in its entirety at the threshold in terms of Section 86 of the said Act. It has been urged on behalf of the Respondent that the averments sought to be struck off are wholly irrelevant, frivolous, and scandalous in nature, and amount to gross abuse of the process of the Court. It is further contended that the Election Petition is devoi
An election petition may be dismissed if the petitioner fails to establish their locus standi as either a candidate or elector, leading to a lack of substantive legal foundation for the claim.
Non-joinder of a candidate accused of corrupt practices in an election petition results in its mandatory dismissal under Section 86 of the Representation of the People Act, 1951.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
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.
Election petitions must contain substantial material facts to establish a cause of action, failing which they can be dismissed at the outset.
An election petition is liable to be dismissed if it does not disclose a cause of action or if essential material facts are omitted, as prescribed by the Representation of the People Act, 1951.
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