Back
SARAL SRIVASTAVA
Shailendra Yadav Lalai – Appellant
Versus
Ramesh – Respondent
JUDGMENT :
Saral Srivastava, J.
Order on Civil Misc. Application No. 6 of 2022, under Order VII Rule 11 of C.P.C.
and
Order on Civil Misc. Application No. 7 of 2022, under Section 86 (1) of The Representation of People Act, 1951)
Heard Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Udayan Nandan, learned counsel for the respondent No. 1/applicant, and Sri Anil Kumar Sharma, learned counsel for the election-petitioner assisted by Sri Saroj Kumar Yadav, Advocate.
2. The respondent No. 1-Ramesh, who is the successful candidate in the election of the Assembly Constituency No. 365, Shahganj, District Jaunpur, seeks summary dismissal of the election petition instituted by the election-petitioner by filing two applications; Civil Misc. Application No. 6 of 2022 under Order 7 Rule 11 of C.P.C., (ii) Civil Misc. Application No. 7 of 2022 under Section 86 (1) of the Representation of the People Act, 1951.
3. The Election Commission issued a Notification under Section 15 of the Representation of People Act, 1951 (in short 'R.P. Act, 1951') on 14.1.2022 to constitute a new Legisla
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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.
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 contain precise and material facts, especially concerning alleged corrupt practices, as mandated by Section 83 of the Representation of People Act, 1951.
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....
Election petitions must contain concise statements of material facts and particulars of alleged corrupt practices; failure to do so renders the petition non-maintainable.
Clause (4) of Section 123 of Act shows that publication is required to be reasonably calculated by a candidate or his agent.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
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
