Shant Kumar Jaiswal v. Nand Kumar Patel and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Online)(Chh) 28

CHHATTISGARH HIGH COURT
A.K. Tripathi, J
Shant Kumar Jaiswal v. Nand Kumar Patel and Others

Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

Table of Content
1. affidavit and election petition compliance (Para 1 , 2 , 3)
2. arguments for dismissal based on affidavit defect (Para 4 , 5 , 6)
3. court's observation on invalidity of claims (Para 7 , 8 , 9 , 10 , 11 , 12)
4. outcome of the election petition dismissal (Para 13)

1. This order shall govern the disposal of I. A. No. 2602/2004 filed on behalf of respondent No.1-Nand Kumar Patel, the returned candidate, for dismissal of the election petition for non-compliance of the mandatory provisions of law i.e. proviso to Section 83 read with Rule 94-A of the Conduct of Election Rules 1961 for not filing the affidavit in Form-25 as prescribed under above Rule 94A of the Conduct of Election Rules, 1961 .

2. By way of this election petition the petitioner has called in question the election of respondent No.1 herein as Member of Legislative Assembly of Chhattisgarh from the Constituency No.18-Kharsiya, which was held on 1-12-2003 and the result was declared on 4-12-2003. The petitioner herein was the independent candidate whereas respondent No.1, who won the election, was the candidate of Indian National Congress party. The petitioner herein has questioned the election of responden