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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
P C Shamra ( Prakash Mangilal Sharma) – Appellant
Versus
Bhagwandas Sahbnani – Respondent
Headnote: Read headnote
| Table of Content |
|---|
| 1. election petition filed under rp act alleging corrupt practices regarding evm. (Para 3 , 4) |
| 2. non-compliance with statutory requirements is grounds for dismissal. (Para 5 , 12) |
| 3. court emphasizes the need for specific allegations in petitions. (Para 6 , 7 , 9 , 10) |
| 4. dismissal of petition for failure to comply with rp act provisions. (Para 15) |
ORDER :
1. Petitioner has filed this election petition under Section 80 and 81 of the Representation of People Act, 1951 .
3. Counsel appearing for petitioner s
Election petitions must contain precise allegations of corrupt practices, failing which they may be dismissed.
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such materi....
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Clause (4) of Section 123 of Act shows that publication is required to be reasonably calculated by a candidate or his agent.
The election petition must contain concise material facts and full particulars of any corrupt practice, and failure to disclose even a single material fact would entail dismissal of the election peti....
An election petition must include clear allegations and particulars to establish cause of action, adhering strictly to statutory requirements, or it will be dismissed at the threshold.
An election petition may be rejected if it fails to comply with mandatory pleading requirements regarding concise statements of material facts and particulars of corrupt practices as per the Represen....
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