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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKAS BUDHWAR
Ajeet Nigam – Appellant
Versus
Additional District Judge – Respondent
JUDGMENT :
VIKAS BUDHWAR, J.
1. Heard Sri Sanjay Kumar, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for respondent Nos. 1, 3, and 4, and Sri Akshat Sinha for respondent No. 2.
2. Though notices were issued to respondent Nos. 5 and 6 but as per the office report dated 23.10.2024, the notices have been delivered. Till the dictation of the orders, nobody has put in appearance on behalf of respondent Nos. 5 and 6.
3. A joint statement has been made by learned counsel for the parties that they do not propose to file any further affidavit. With the consent of the parties, the writ petition is being decided at the admission stage.
4. The case of the writ petitioner, as worded in the present petition, is that the State Election Commission had issued a notification bearing No. 206/Ra.Ni.Aa.Anu.4/Na.Ni./2023/Lucknow dated 09.04.2023 for the election of Corporators in Nagar Nigam throughout the State of U.P. The writ petitioner herein claims to have contested the election of Corporator, Ghaziabad Nagar Nigam, Ward No. 96, Nehru Nagar-III, on the symbol of camera. Respondent Nos. 2, 5, and 6 also contested the said election, which was schedu
The Representation of People Act, 1951 mandates strict adherence to the limitation period for filing election petitions, and non-compliance results in dismissal without consideration of merits.
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 provisions of Section 5 of the Limitation Act do not apply to election petitions under the U.P. Municipalities Act, as governed by special procedural laws.
An election petition must be presented within the statutory limitation period, and non-compliance with procedural requirements invalidates the petition, as confirmed by applicable case law.
The Limitation Act, 1963 does not apply to election petitions under the U.P. Kshettra Panchayat and Zila Panchayat Act, and petitions filed beyond the specified timeframe are not maintainable.
The limitation period for election petitions under the Representation of the People Act is strict and cannot be extended, and claims of fraud must be substantiated with evidence.
Election petitions must comply with mandatory provisions of the Representation of the People Act, 1951, including timely filing and joining necessary parties, or they will be dismissed.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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