G. S. AHLUWALIA
Hemant Katare – Appellant
Versus
O. P. S. Bhadoriya – 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
Amin Lal vs. Hunna Mal (AIR 1965 SC 1243 : (1965) 1 SCR 393)
B. Sundara Rami Reddy vs. Election Commission of India and others
Balwan Singh vs. Lakshmi Narain (1960) 22 ELR 273 : (1960) 3 SCR 91 : AIR 1960 SC 770
Basappa vs. Ayyappa (1959 SCR 611
Chaturbhuj Chunnilal vs. Election Tribunal
D.P. Mishra vs. Kamal Narayan Sharma (1970) 2 SCC 369 : (1971) 1 SCR 8
F.A. Sapa and others vs. Singora and others
Har Swarup vs. Brij Bhushan Saran (AIR 1967 SC 836 : (1967) 1 SCR 342)
Jyoti Basu and others vs. Debi Ghosal and others
K. Venkateswara Rao and another vs. Bekkam Narasimha Reddi and others
Kallappa Laxman Malabade vs. Prakash Kallappa Awade
Michael B. Fernandes vs. C.K. Jaffer Shariff and others
Mohan Raj vs. Surendra Kumar Taparia and others
Patangrao Kadam vs. Prithviraj Sayajirao Yadav Deshmukh and others
Raj Narain vs. Indira Nehru Gandhi (1972) 3 SCC 850
Ram Partap Chandel vs. Chaudhary Lajja Ram (1998) 8 SCC 564)
Samant N. Balakrishna vs. George Fernandez (1969) 3 SCC 238 : (1961) 3 SCR 603
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