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CHANDRA KUMAR RAI
Mamta – Appellant
Versus
Krishna Devi – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Narendra Kumar Pandey, learned counsel for the petitioner, Mr. Awadhesh Kumar Mishra, learned counsel for respondent No.1 and Mr. Krishna Mohan Mishra, learned Additional Chief Standing Counsel for the State-respondents.
2. Brief facts of the case are that petitioner was elected as Pradhan of Gram Panchayat-Khutaha, Block-Haliya, Tehsil Lalganj, District-Mirzapur on the basis of election held on 26. 04.2021. In respect to the aforementioned election of Gram Pradhan, respondent No. 1 filed an Election Petition on 30. 06.2021 under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as ' the Act of1947') read with Rule 3 (1) of Uttar Pradesh Panchayat Raj (Settlement of Election Dispute) Rules 1994 (hereinafter referred to as 'the Rule of 1994') which was registered as Election Petition No. 1576 of 2021, Computerized Case No.202116530201576.The summon/ notice in the aforementioned election petition was issued accordingly petitioner put in her appearance through counsel on 23-07-2021 and filed her objection dated 08-07-2022 with regard to the maintainability of the election petition as the election petition was
Election petitions must be personally presented by the candidate; 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.
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....
The main legal point established in the judgment is the validity of the presentation of an election petition before the Munsarim within the stipulated time period of 30 days before the District Judge....
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
Election petition invalid if security for costs not deposited by petitioner at presentation; defect incurable despite later deposit. Non-disclosure of minor cases not corrupt practice without pleadin....
Strict compliance with presentation procedures for election petitions under the Representation of People Act is essential, and non-compliance can result 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 disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
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