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2022 Supreme(MP) 1613

G. S. AHLUWALIA
Hemant Katare – Appellant
Versus
O. P. S. Bhadoriya – Respondent


Advocates Appeared:
Shri Sankalp Sharma, Counsel for the petitioner, for the Appellant; Shri Kushagra Raghuvanshi, Counsel for the respondent

JUDGMENT

1. This election petition has been filed under Sections 80, 80-A, 81, 100 (d)(iv) and 101 of the Representation of People Act, 1951 seeking following relief:-

    '1. To declare that the election of the Respondent from 12 Mehgaon Assembly Constituency is illegal and void and hence the same be set aside by allowing the election petition and;

    2. To declare the election petitioner as a returned candidate for obtaining the next highest number of votes and;

    3. To call upon the CCTV Footage (video recording) of the Polling Booth prayed by the Petitioner in his representations, from time to time;

    4. To take appropriate civil/criminal action against the Respondent for violating MCC and RP Act;

    5. Any other direction as the Hon'ble Court may deem fit.'

    2. I.A.No.5087/2021 has been filed under Section 86(1) of Representation of People Act, 1951 for dismissal of the election petition whereas I.A.No.5869/2021 has been filed for amendment in the election petition.

    3. Section 86 of the Representation of People Act, 1951 reads as under:-

      '[86. Trial of election petitions.- (1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or se

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