Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Mandeep Kaur – Appellant
Versus
Tej Pal – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. Present revision petition has been filed challenging order dated 29.08.2023 whereby the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the election petition filed by the respondent under Section 176 of the Haryana Panchayati Raj Act, 1994 has been dismissed.
2. Respondent No.1 herein had filed an election petition challenging the election of the petitioner herein. The petitioner herein filed an application under Order VII Rule 11 CPC for rejection of the petition on the following ground :
"3. That the present petition is liable to be rejected as the petitioner has himself not filed the present petition by appearing at the time of filing the petition and he had to file the present petition on his own and not through counsel. Since the petitioner has not complied with the mandatory provisions while filing the election petition and as such, the same is liable to be rejected."
3. Reply was filed to the said application. Vide the impugned order dated 29.08.2023 the said application was rejected on the ground that none of the grounds as enunciated under Order VII Rule 11 CPC for rejection of
The requirement for personal presentation of an election petition under applicable rules can be satisfied through e-filing and virtual presence due to extraordinary circumstances, ensuring compliance....
Election petitions must be personally presented by the candidate; failure to comply results in dismissal.
An election petition must contain specific pleadings to establish a cause of action, and cannot be dismissed at the preliminary stage if such pleadings are present, as the merits of the case should b....
Election petitions must be presented personally by the candidate, and failure to comply with this requirement is an incurable defect.
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
