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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Rashid @ Rasid Aslam – Appellant
Versus
Sarada Prasad Nayak – Respondent
| Table of Content |
|---|
| 1. application filed under election law. (Para 1) |
| 2. grounds for dismissal of election petition. (Para 2) |
| 3. election petitioner claims valid cause of action. (Para 3 , 4) |
| 4. parties referred by original status. (Para 5) |
| 5. counsel appearances noted. (Para 6) |
| 6. respondent's arguments against maintainability. (Para 8) |
| 7. court considers maintainability as a preliminary issue. (Para 9) |
| 8. petitioner's prayer detailed. (Para 10 , 11) |
| 9. allegations of corrupt practice discussed. (Para 12 , 13) |
| 10. mandatory party joinder under law. (Para 14 , 15) |
| 11. consequences of non-joinder of parties. (Para 16 , 18 , 19) |
| 12. petition dismissed for non-joinder. (Para 20 , 21) |
| 13. final decision and communication directive. (Para 22 , 23) |
JUDGMENT :
The present application has been filed by the sole Respondent of the above-mentioned 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. In this application, the Respondent prays for striking out the pleadings contained in Paragraphs 5 to 19 and 15-A to 15- K of the Election Petition, and for the rejection/dismissal of the Electi
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.
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 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 without material facts relating to a corrupt practice is not valid, and once the charge of corrupt practice fails, the election petition is rendered infructuous due to the end of....
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....
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.
An election petition can be summarily dismissed for failure to disclose a cause of action or comply with statutory requirements, including the need for material facts, under the Representation of Peo....
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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.
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