Back
UJJAL BHUYAN
Bhim Rao Baswanth Rao Patil – Appellant
Versus
KMadan Mohan Rao – Respondent
ORDER :
This application has been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (briefly, ‘CPC’ hereinafter) by the first respondent i.e., Bheemrao Baswanthrao Patil (who would be referred to hereinafter as the ‘returned candidate’) for rejection of the election petition i.e., E.P.No.34 of 2019 filed by the petitioner K.Madan Mohan Rao (referred to hereinafter as ‘the election petitioner’) on the ground that the election petition is without any cause of action and is barred by limitation.
2. Heard Mr. Harin P.Raval, learned Senior Counsel for Mr. N.Manohar representing the returned candidate as well as Mr. M.P.Chandramouli, learned Senior Counsel representing Mr. Ch.Satyasadhan, learned counsel for the election petitioner.
3. Before adverting to the application filed under Order VII Rule 11 of CPC (referred to hereinafter as ‘the rejection application), it would be apposite to advert to the election petition. The election petition has been filed by the election petitioner for setting aside the election of the returned candidate to the Lok Sabha from No.05-Zaheerabad Parliamentary Constituency in the general elections held on 11.04.2019 and thereafter to declare hi
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.
Election petitions must plead concise material facts under Section 83(1)(a) RP Act to disclose cause of action; deficient, vague pleadings warrant dismissal under Order VII Rule 11 CPC without trial.
An election petition without material facts relating to a corrupt practice is not valid, and once the charge of corrupt practice fails, the election petition is rendered infructuous due to the end of....
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 indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
