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MANOJ KUMAR GUPTA
Tej Bahadur – Appellant
Versus
Narendra Modi – Respondent
| Table of Content |
|---|
| 1. challenging the election of a candidate. (Para 1 , 3 , 4) |
| 2. respondent's application to strike off paragraphs. (Para 2 , 5 , 6 , 7) |
| 3. court's power to exercise decisions on election issues. (Para 8 , 11 , 12) |
| 4. legal framework for election petitions. (Para 13 , 14 , 18) |
| 5. concept of cause of action in election petitions. (Para 19 , 20) |
| 6. meaning of candidate under election law. (Para 22 , 23 , 24) |
| 7. requirements for nomination validity. (Para 26 , 27 , 28) |
| 8. implications of nomination deficiencies. (Para 29 , 39) |
| 9. procedure for scrutiny of nominations. (Para 33 , 35 , 36) |
| 10. final ruling on locus standi for election petition. (Para 46 , 61 , 70) |
JUDGMENT :
1. By means of the present petition, filed under Section 80, 80-A and 100 of the Representation of the People Act, 1951 (hereinafter referred to as ‘the Act’), the petitioner has called in question the election of the respondent to the 17th Lok Sabha from 77th Parliamentary Constituency (Varanasi), held in April-May 2019. The petitioner has sought a declaration to the effect that the election of the respondent be declared void and the order passed by the Returning Officer dated 1.5.2019, rejecting his nomination
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