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VINAY SARAF
Chanchal Gupta (Smt. ) – Appellant
Versus
Rakhi Dhali – Respondent
| Table of Content |
|---|
| 1. petitioner declared elected; election challenged (Para 2) |
| 2. election petition must have verification and security (Para 4 , 5 , 6) |
| 3. conversion of appeal to election petition requires compliance with rules (Para 9 , 10) |
| 4. order allowing amendment is set aside (Para 11) |
| 5. petition allowed; no costs (Para 12) |
ORDER
1. The petitioner has assailed the order dated 9.11.2022 passed by the Sub Divisional Officer, Revenue, Shahpur District Betul, whereby learned Sub Divisional Officer allowed the application filed under Order 6 rule 17 of the CPC and permitted the respondent to carry out the amendment in the appeal preferred by the respondent under section 91 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Act, 1993').
2. The short facts of the case are that the petitioner and the respondent contested for the post of Panch for Ward No.16 of Gram Panchayat, Chopana, DistrictBetul. On 14.7.2022, Returning Officer declared the petitioner as elected and issued a certificate in favour of the petitioner. Being aggrieved by the election of the petitioner, the respondent filed an appeal under Section 91 of the Act, 1993 assailing the certifi
An appeal under election law cannot be converted into a valid election petition unless it complies with mandatory requirements of security deposit and verification.
Election Tribunals must adhere to procedural rules, including issue formulation and evidence recording, to ensure fair adjudication of election disputes.
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.
(1) Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided by statue must be availed.(2) When it comes to interpretation of statutory prov....
The requirement for personal presentation of an election petition under applicable rules can be satisfied through e-filing and virtual presence due to extraordinary circumstances, ensuring compliance....
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....
Strict compliance with the affidavit requirement in election petitions is essential as per the relevant rules and regulations.
The main legal point established in the judgment is the requirement for a civil trial-like procedure, including the framing of issues, recording of evidence, and deciding preliminary objections, in t....
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