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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Pankaj Bhatia,J.
Shitla Prasad – Appellant
Versus
Amrit Lal – Respondent
JUDGMENT :
Pankaj Bhatia, J.
1. Heard Dr. L.P. Mishra, learned counsel assisted by Ms. Anupama Agnihotri, Ms. Arti Bali, Mr. Shivang Dwivedi, Mr. Saurabh Pathak and Shri Sharad Pathak, learned counsel for the petitioner, and Shri Anupam Mehrotra, Shri Balkeshwar Srivastava and Shri Rishi Raj Mishra, learned counsel for the respondent.
2. Present petition has been filed by the petitioner challenging the order dated 21.05.2025 passed by the Additional District Judge, Pratapgarh in Election Petition No.02 of 2023 whereby the election of the petitioner was set aside and contestant at Serial No.2 was declared to have been elected.
Present petition also challenges the order dated 08.07.2024 passed by Additional District Judge, Pratapgarh whereby the amendment application was allowed.
3. Learned counsel appearing for the petitioner of election petition namely Shri Anupam Mehrotra, Shri Balkeshwar Srivastava and Shri Rishi Raj Mishra appears for the respondents herein and make a statement that they do not want to file a counter affidavit and the present petition may be decided based upon the arguments advanced.
4. Present petition was heard at length.
5. Dr. L.P. Mishra, learned counsel appearing
Elections cannot be invalidated based on improper amendments that change the character of the petition, especially if they introduce time-barred claims, violating procedural norms.
The finality of the electoral roll and the inability to challenge its validity in an election petition.
The mandatory requirement for security deposit in election petitions is essential and non-compliance leads to dismissal, emphasizing the procedural integrity governed by the Chhattisgarh Municipaliti....
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
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....
An election petition must contain specific pleadings to establish a cause of action, and cannot be dismissed at the preliminary stage if such pleadings are present, as the merits of the case should b....
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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