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SUNITA YADAV
Laddu Ram Kori, S/o. Shri Phool Chand – Appellant
Versus
Jajpal Singh Jajii – Respondent
ORDER :
Sunita Yadav, J.
This election petition has been filed by the petitioner, who contested election from constituency No. 32, in the elections which were conducted in the year 2018 so as to constitute the Madhya Pradesh Legislative Assembly. The petitioner was a candidate from Bhartiya Janata Party, whereas respondent No. 1 was a candidate from Indian National Congress.
FACTS :
2. That, on 2-11-2018, the Election Commission of India issued notification for election to the Legislative Assembly in the State of Madhya Pradesh. As per the said notification, the election was scheduled to be held as under :
| (i) | Last date for making notification | 19-11-2018 |
| (ii) | Date for scrutiny of nomination form | 12-11-2018 |
| (iii) | Last date for withdrawal of candidature | 14-11-2018 |
| (iv) | Date of Pooling | 28-11-2018 |
| (v) | Date before which election was to be completed | 13-12-2018 |
3. The petitioner is the resident of Dist. Ashok Nagar. He contested the M. P. Vidhan Sabha General Election, 2018 (hereinafter to be referred as “Election of 2018”) as a candidate of Bhartiya Janta Party (hereinafter referred as “BJP”) from Dist. Asho
The court affirmed the validity of the caste certificate of the respondent and dismissed the election petition for lack of merit, emphasizing that caste status disputes must be resolved by the Caste ....
The Caste Scrutiny Committee's determination of caste validity is exclusive and cannot be challenged in election petitions without clear evidence of fraud or error.
The burden of proof in election petitions alleging improper acceptance of nominations lies with the petitioner to show material effect on election results.
The main legal point established is that an Election Petition must disclose a cause of action and contain material facts and particulars to be maintainable.
An election petition may be dismissed if the petitioner fails to establish their locus standi as either a candidate or elector, leading to a lack of substantive legal foundation for the claim.
The court upheld the returning officer's acceptance of a nomination despite omissions in the affidavit, determining these defects were not substantial and did not materially affect the election resul....
An election petition must contain concise material facts and particulars as per the Representation of Peoples Act, 1951; failure to do so results in dismissal.
The judgment emphasizes the importance of compliance with the provisions of the Representation of the People Act, 1951, particularly regarding the mandatory certificate required for candidates dismis....
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