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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Raj Mahak – Appellant
Versus
Jai Parkash – Respondent
| Table of Content |
|---|
| 1. electoral candidacy and qualifications. (Para 1 , 3 , 5 , 6) |
| 2. locus standi and cause of action requirements. (Para 7 , 10 , 12 , 14) |
| 3. trial and dismissal powers of the court. (Para 8 , 11 , 19) |
| 4. importance of material facts in election petitions. (Para 17 , 20 , 22 , 23) |
| 5. final dismissal of the election petition. (Para 26) |
JUDGMENT :
ANOOP CHITKARA, J.
1. Seeking setting aside of the election of the 04-Hisar Parliamentary Constituency where respondent No.1 Jai Parkash was elected as member of Parliament where result was declared on 04.06.2024, and further to order a fresh election for the same and initiating proceedings under Section 8A of the Representation of People Act, 1951 for disqualifying the elected member of Parliament i.e. respondent No.1 for six years from contesting any election, for having committed a corrupt practice, the petitioner came up before this Court by filing the present Election petition under Sections 80-83 read with Section 100, 123(2) read with Section 8A of the Representation of the People Act, 1951 and all other enabling provisions.
2. The relevant portion of S. 86 Representation of the People Act, 1951, hereinafter referred to as RPA
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....
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-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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 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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