IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Hukum Singh Karada – Appellant
Versus
Arun Bhimavad – Respondent
| Table of Content |
|---|
| 1. application for rejection (Para 1 , 2) |
| 2. grounds for rejection (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's consideration (Para 8 , 9) |
| 4. material facts requirement (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. election petition dismissed (Para 31) |
ORDER :
PRANAY VERMA, J.
1. The parties have been heard on application bearing I.A. No.7086 of 2024 filed by the respondent under Order 7 Rule 11 of the CPC for rejection of the election petition.
2. This election petition has been preferred by the election petitioner for setting aside the election of the respondent to the Madhya Pradesh State Legislative Assembly from 167 Shajapur Assembly Constituency on the ground of the same being void and non-est in law and for directing re- inspection/examination of 158 invalid votes and to count the same by opening the votes contained in form 13- B.
3. The application for rejection of the election petition has been preferred by the respondent submitting that the election petitioner has challenged the election of the respondent on the ground provided under Clause (i) of Section 100(1)(d) of Representation of People Act, 1951 which
Chandrika Prasad Yadav v. State of Bihar & Ors.
M. Chinaswamy v. Palaniswamy & Ors.
An election petition must contain material facts; vague allegations without substantiation lead to dismissal.
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 provide concise statements of material facts; failure to do so results in rejection as they do not constitute a complete cause of action.
The rejection of postal ballots was valid under election rules, and discrepancies did not materially affect the election outcome.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
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.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Application under Order VII rule 11 should be considered at the threshold. On the other hand application under Order VI rule 16 for striking out pleadings may be resorted to at any stage.Election pet....
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