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IN THE HIGH COURT OF MADHYA PRADESH
VIVEK RUSIA, ROOPESH CHANDRA VARSHNEY
Rabindra Kumar Upadhyay – Appellant
Versus
Sub Divisional Officer – Respondent
| Table of Content |
|---|
| 1. election petition background and procedures. (Para 1 , 2) |
| 2. requirement of security deposit as per rule 7. (Para 3) |
| 3. opposition regarding the validity of applications. (Para 4) |
| 4. court's reasoning on compliance and res judicata. (Para 5 , 6 , 7 , 8 , 9) |
| 5. final dismissal of writ appeal and directive. (Para 10) |
ORDER
Rusia, -- J. 1. Appellant/petitioner has filed this Writ Appeal under section 2 (1) of M.P. Uchcha Nayayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 1.7.2024 (Annexure A-1) whereby the Writ Court has dismissed the Writ Petition No.1863/2024 and upheld the impugned order dated 15.1.2024 passed by respondent No.1/the Sub-Divisional Officer, Lahar, District Bhind dismissing the application filed by appellant/petitioner under Order 7 Rule 11 CPC.
2. The facts of the case in short are as under :--
(i) The petitioner and respondents No.2 to 6 contested the election for the post of the Sarpanch of Gram Panchayat Sikri Jagir, Janpad Panchayat Lahar, Tehsil Mihona, District Bhind. The Petitioner secured 425 votes and was declared as Sarpanch on 14.7.2022. The respondent No.2 secured 407 votes and lost.
(ii) Respondent No.2 file
The mandatory requirement of security deposit for election petitions must be complied with at the time of filing, and failure to do so results in dismissal, as affirmed by precedent.
The timing of the security deposit for election petitions is valid if made prior to presentation, and personal presence is confirmed by procedural record, not by signature requirement.
Election petition invalid if security for costs not deposited by petitioner at presentation; defect incurable despite later deposit. Non-disclosure of minor cases not corrupt practice without pleadin....
The mandatory requirement for security deposit in election petitions is essential and non-compliance leads to dismissal, emphasizing the procedural integrity governed by the Chhattisgarh Municipaliti....
Election petitions must be personally presented by the candidate; failure to comply results in dismissal.
Election Tribunals must adhere to procedural rules, including issue formulation and evidence recording, to ensure fair adjudication of election disputes.
An appeal under election law cannot be converted into a valid election petition unless it complies with mandatory requirements of security deposit and verification.
An Election Petition cannot be dismissed at the threshold for minor defects; substantial compliance is sufficient, particularly for curable technical defects under the Representation of the People Ac....
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