Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMARINDER SINGH GREWAL
Sukhpreet Kaur – Appellant
Versus
Parminder Kaur – Respondent
JUDGMENT :
Amarinder Singh Grewal, J.
1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India for setting aside the election petition (Annexure P-2) dated nil filed by respondent No.1 being not maintainable, as has been filed in contravention to provisions of Section 80 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Election Act, 1994) and Rule 53 of the Punjab Panchayat Election Rules, 1994 (hereinafter referred to as the Election Rules, 1994) which mandate that the Election Tribunal shall dismiss the election petition, which does not comply with provisions of Sections 76 & 77 of the Election Act, 1994 and Rule 50 of the Election Rules, 1994 as well as setting aside of the order dated 18.08.2025 (Annexure P-1) passed by the learned Election Tribunal.
FACTS
2. Succinctly, the facts are that election for the post of Sarpanch of Village Bhokhra, District Bathinda was held on 15.10.2024 and the same was contested by six candidates, who, out of total valid polled votes of 2440, got votes as mentioned against their names:-
Sr. No. | Name of Candidate | Valid votes | Status |
1. | Gogi | 463 | Not Elected |
2. | Paramjit Kaur | 136 | Not Elect |
Election petitions must be personally presented by the candidate; failure to comply results in dismissal.
The Election Petition was dismissed for failing to comply with mandatory provisions of Section 82 of the Representation of the People Act, 1951, requiring all contesting candidates to be joined.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Election petitions must be presented personally by the candidate, and failure to comply with this requirement is an incurable defect.
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
The court established that the filing of an election petition must be strictly interpreted in accordance with the statutory time limits, and procedural delays in registration do not invalidate a time....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
