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RAJESH SINGH CHAUHAN
Sarvesh Kumar Gupta – Appellant
Versus
Neeraj Bora – Respondent
JUDGMENT :
(i) C.M. Application (IA) No.01 of 2022; the objection against the letter dated 07.05.2022 issued by the Hon'ble Registrar dated 07.05.222 in compliance of order dated 27.04.2022 demanding the petitioner to deposit the amount of Rs.94500/-regarding publication of notice of the Election Petition perferred by the petitioner.
(ii) C.M. Application (IA) No.02 of 2022; Application for taking Vakalatnama on record filed by Dr. Shailendra Sharma, learned counsel for the opposite party.
(iii) C.M. Application (IA) No.03 of 2022; Application/preliminary objection for rejection/dismissal of Election Petition No.09 of 2022 on behalf of respondent under Section 86 (1) read with Section 87 (1) of the Representation of the People Act, 1951 along with Order VII Rule 11 (a) of the Code of Civil Procedure, 1908 (5 of 1908) against the maintainability of the Election Petition.
(iv) C.M. Application (IA) No.04 of 2022; Application for taking of reply of objection filed by the Respondent.
1. Heard Ms. Shraddha Tripathi, learned counsel for the petitioner and Dr. Shailendra Sharma, learned counsel for the sole respondent/ opposite party.
2. By means of the present election petition, the petitioner
Point of Law : An Election Petition presented to the Election Commission is scrutinised by it and if Election Commission does not dismiss it for want of compliance with provisions of Section 81, Sect....
Election - Presentation of petition - There is a specific failure of the election petitioner opposite party in compliance of Section 81 of Act, 1951 - Requirements while filing an election petition a....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Election disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
Reason for rejecting 348 votes is stated as improper signing of the declaration appended to the postal ballot papers and, in fact, the said attestation is empowered to the officials of the election c....
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