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H. S. THANGKHIEW
Titosstar Well Chyne – Appellant
Versus
Gavin Miguel Mylliem – Respondent
JUDGMENT :
H.S. Thangkhiew, J.
1. The instant Misc. Application has been filed by the Election Petitioner under Section 141 read with Section 151 of the Code of Civil Procedure, 1908, and Section 81 (3) and Section 87 (1) of the Representation of the People Act, 1951 (hereinafter referred to as RP Act, 1951), for granting leave to allow the Applicant/Election Petitioner to furnish attested copies of the Election Petition to the respondents, as in the main Election Petition No. 2 of 2023, while furnishing copies to the respondents pursuant to order dated 13.04.2023, photo copies of the same only was supplied. The respondent No. 1, then on entering appearance had filed a Misc. Case being MC(EP) No. 19 of 2023, raising the issue of non-maintainability of the Election Petition on various grounds, which amongst others, included the non-furnishing of attested copies of the Election Petition duly signed by the Applicant/Election Petitioner. As such, by way of the instant application, leave of this Court has been sought to allow the furnishing of attested copies of the Election Petition, duly signed by the Election Petitioner to the respondents.
2. Mr. N. Jotendra Singh, learned Senior couns
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....
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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....
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
Procedural defects in election petitions are curable, and substantial compliance with affidavit requirements suffices to maintain the petition's validity.
Point of Law : An Election Petition presented to the Election Commission is scrutinised by it and if Election Commission does not dismiss it for want of compliance with provisions of Section 81, Sect....
Strict compliance with presentation procedures for election petitions under the Representation of People Act is essential, and non-compliance can result in dismissal.
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