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VIVEK RUSIA
Kantilal Bhuriya – Appellant
Versus
Guman Singh Damor – Respondent
Headnote: Read headnote
JUDGMENT
Vivek Rusia, J. - The petitioner has filed the present election petition to declare the election of the respondent / returned candidate as void.
2. The facts of the case as pleaded in the Election Petition are as under :
1. The President of India by notifications issued under sub-section (2) of Section 14 of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the R.P. Act of 1951' for short) published in Official Gazettes dated 2.4.2019, 10.4.2019, 16.4.2019 and 22.4.2019 vide Annexure P/1 to P/4 for conducting the election of the Lok Sabha Constituencies in the State of M.P. to elect the members to the House of the People (Lok Sabha). The election was to be held in four phases in the State of M.P. Accordingly, the Election Commission of India issued Press Note for the announcement of the schedule for General Elections, 2019 for the Lok Sabha on 10.3.2019 and according to which, the schedule of election in respect of different Parliamentary Constituencies in the State of M.P. was also issued vide Annexure P/5. The election prog
Non-compliance with Election Commission orders must be proven to have materially affected the election result to declare the election as void under Section 100(1)(d)(iv) of the R.P. Act of 1951.
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
Reason for rejecting 348 votes is stated as improper signing of the declaration appended to the postal ballot papers and, in fact, the said attestation is empowered to the officials of the election c....
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
A.C. Jose V/s. Sivan Pillai : AIR 1984 SC 921
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Read summaryKalyan Kumar Gogoi V/s. Ashutosh Agnihotri : (2011) 2 SCC 532
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Read summaryN. Chandrababu Naidu V/s. Union of India reported in (2019) 15 SCC 377
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Read summaryUnion of India V/s. Association of Democratic Reforms : AIR 2002 SC 2112
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