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H. S. THANGKHIEW
Gavin Miguel Mylliem – Appellant
Versus
Titosstar Well Chyne – Respondent
JUDGMENT
H.S. Thangkhiew, J. - The instant application has been filed by the respondent No. 1 under Section 86 of the Representation of People Act read with Order 7 Rule 11 CPC and the Gauhati High Court Rules (as adopted by the High Court of Meghalaya).
2. The grounds taken in the instant application are that the Election Petition is ex-facie barred by Section 86 of the Representation of People Act, being filed in violation of Section 81 , 82 83 of the said Act, the High Court of Meghalaya Rules, and also barred by law within the meaning of Order 7 Rule 11 CPC.
3. It has been submitted by Mr. S. Sahay, learned counsel for the applicant/respondent, that the election petition is liable to be dismissed as it failed to meet the requirement of filing of an election petition as stipulated by law. Reference has been made to Article 329 (b) of the Constitution of India that prescribes that (i) election can only be challenged by way of election petition; (ii) and such election petition must be presented to the authorized authority (iii) and such presentation must be done in the manner prescribed under the law. In this regard it has been submitted that the law as framed for presentation, is co
Strict compliance with presentation procedures for election petitions under the Representation of People Act is essential, and non-compliance can result in dismissal.
Election - Presentation of petition - There is a specific failure of the election petitioner opposite party in compliance of Section 81 of Act, 1951 - Requirements while filing an election petition a....
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Election petitions must be personally presented by the candidate; failure to comply 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.
Election petitions must be personally presented by the election petitioner, but compliance with e-filing during pandemic conditions can satisfy procedural requirements.
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