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JAISHREE THAKUR
Master Ramesh Khatri Lambardar – Appellant
Versus
Manohar Lal – Respondent
JAISHREE THAKUR, J.
1. An election petition has been filed under Sections 77, 77(1), 80-a & 100 (b) & (d-ii & iv), 123, 125 (A), 126, 127-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act of 1951) read with Rules 49C, 86, 89 of the Conduct of Election Rule, 1961 and under Article 324 of the Constitution of India seeking declaration of the result dated 24.10.2019 of the returned candidate i.e. respondent herein, as null and void, with a further prayer to debar the said candidate from contesting election for a period of six years as provided under Section 8 of the Act of 1951.
2. In brief, the facts as stated are that elections were notified to be held in the State of Haryana vide gazette notification dated 27.09.2019. The last date for filing the nomination papers was 04.10.2019; with scrutiny of nomination on 05.10.2019 and last date of withdrawal of candidature on 07.10.2019. Polling commenced on 21.10.2019 and counting of votes and declaration of result were scheduled for 24.10.2019. The petitioner contested the 21st Karnal Assembly Constituency election as an independent candidate and there were total 10 candidates in the fray. A total number of
The election petition must contain concise material facts and full particulars of any corrupt practice, and failure to disclose even a single material fact would entail dismissal of the election peti....
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
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.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Defective affidavit (not Form 25) in corrupt practice election petition is curable defect; opportunity to rectify required before dismissal under O7 R11 CPC. Pleadings alleging bribery with candidate....
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.
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....
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