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IN THE HIGH COURT OF ALLAHABAD
J.J.MUNIR
Ranvijay Singh – Appellant
Versus
Mohan – Respondent
| Table of Content |
|---|
| 1. introduction to election petition and details. (Para 1 , 2 , 3 , 4) |
| 2. arguments on non-disclosure of criminal cases. (Para 6 , 7 , 9) |
| 3. parties argue on corruption allegations. (Para 8) |
| 4. legal principles regarding non-disclosure. (Para 10 , 12 , 13 , 15 , 24) |
| 5. discrepancies in declarations of property. (Para 22) |
| 6. legal precedent on non-disclosure as corrupt practice. (Para 26 , 28) |
| 7. court's decision on the maintainability of the petition. (Para 36 , 39) |
| 8. final order and conclusion. (Para 40 , 41) |
JUDGMENT :
J.J. Munir, J.
Order on Civil Misc. Application No.6 of 2022
1. This is an application under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (for short 'the Code') read with Order VI Rule 16 of the Code, seeking a rejection of the election petition, as one not disclosing a triable cause of action. The application has been made by Mohan, the returned candidate.
2. The election petition has been instituted by Ranvijay Singh, an unsuccessful candidate, who staked his claim for election to the Legislative Assembly from the 334-Hata, Kushinagar Assembly Constituency, that went to hustings, along with others, pursuant to a notification dated 04.02.2022 iss
Candidates must fully disclose criminal cases and asset details during elections, as failure constitutes corrupt practice under the Representation of People Act, impacting informed voting.
Election petitions alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
An election petition must disclose material facts and sources of information regarding allegations of corrupt practices, or the petition is deemed insufficient for trial.
Election petitions must contain concise statements of material facts and particulars of alleged corrupt practices; failure to do so renders the petition non-maintainable.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
The failure to disclose the details of the pending criminal case is a corrupt practice, and the court directed the Secretary of the Legislative Council of Andhra Pradesh to make a reference to the Pr....
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