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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Radheshyam Yadav – Appellant
Versus
Sarada Prasad Nayak – Respondent
| Table of Content |
|---|
| 1. pleadings must disclose essential material facts. (Para 1 , 4 , 5) |
| 2. election petition filed challenging validity of election. (Para 2 , 3) |
| 3. incomplete evidence leads to dismissal of petition. (Para 8 , 11) |
| 4. corrupt practice allegations require specific factual support. (Para 10 , 12 , 18) |
| 5. election petitions are strictly subject to statutory compliance. (Para 20 , 22) |
| 6. election petition dismissed with no order as to costs. (Para 24 , 25) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. The present application has been filed by the sole Respondent in 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 10 (A) to 10 (H) and for the rejection/dismissal of the Election Petition in its entirety at the very threshold in terms of Section 86 of the said Act. It is contended that the pleadings sought to be struck off are wholly irrelevant, frivolous, and scandalous, amounting to gross abuse of the process of this Court. Additionally, it is submitte
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
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....
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.
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 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 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 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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