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JAYANT BANERJI
Anil Kumar Bind @ Anil Kumar – Appellant
Versus
Pankaj – Respondent
| Table of Content |
|---|
| 1. nomination acceptance procedures (Para 1 , 2 , 3) |
| 2. proper procedures of nomination scrutiny established by law. (Para 34 , 35) |
| 3. court dismissed the petition affirming the validity of the election. (Para 52 , 53) |
JUDGMENT
Jayant Banerji, J.
The aforesaid election petition has been preferred under Sections 80, 80-A, 81 and 100 of the Representation of the People Act, 1951 seeking declaration of the election of the returned candidate from 368 Legislative Constituency, Mungra Badshahpur, District Jaunpur of Samajwadi Party, namely, Pankaj s/o Phoolchand, r/o Village-Chakanawabad, Post Barahata, District Jaunpur in Uttar Pradesh General Legislative Assembly Election-2022, as void on the ground that the nomination of the respondent, Pankaj, was wrongly and improperly accepted and two nomination forms of candidates namely, Dileep Rai Balwani and Sunita Devi were wrongly and improperly rejected. It is pertinent to mention at the outset that neither Dileep Rai Balwani nor Sunita Devi have been impleaded in this petition.
2. Briefly, it is stated in the petition that the election schedule for Uttar Pradesh General Legislative Assembly Election-2022 was announced by the Elec
The proper procedures for nomination acceptance as outlined in the Representation of the People Act were followed, validating the election outcome.
The failure to rectify substantial defects in a nomination paper justifies its rejection under the Representation of People Act, 1951.
The nomination was rightly rejected due to substantial defects which could not be corrected post-deadline, validating the Returning Officer’s actions.
The burden of proof in election petitions alleging improper acceptance of nominations lies with the petitioner to show material effect on election results.
Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done but must also seem to be done, similarly elections should not only....
The court upheld the returning officer's acceptance of a nomination despite omissions in the affidavit, determining these defects were not substantial and did not materially affect the election resul....
Mandatory disclosure of information by contesting candidates in Panchayat Raj elections, and the consequences of non-disclosure or suppression of information.
Returning Officer is not expected to reject a nomination paper, without giving an opportunity to the candidate or his representative present at the time of scrutiny to meet an objection, capable of b....
Right to contest at an election is a very valuable right.
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