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2011 Supreme(Online)(Chh) 92

CHHATTISGARH HIGH COURT
string, J
Kartikram Chauhan v. Padma and Others


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. improper acceptance of nomination affects election. (Para 1 , 2)
2. arguments on the significance of nomination defects. (Para 3 , 6 , 7)
3. statutory interpretation regarding election challenges. (Para 9 , 10 , 11)
4. failure to prove substantial defect in nomination. (Para 12 , 13 , 14 , 15 , 16)
5. dismissal of the election petition. (Para 17 , 18)

1. By this election petition under S.80/80 - A read with S.100 of the Representation of the People Act, 1951 (for short the Act), the petitioner has challenged the election of returned candidate i.e. respondent No. 1 who has been elected as member of the Chhattisgarh Legislative Assembly from Sarangarh Constituency reserved for Scheduled Caste community on the ground of improper acceptance of nomination form of returned candidate respondent No. 1 by the Returning Officer which materially affected the election.

2. As per the election petition, respondent No. 1 was required to submit correct nomination form for election. Respondent No. 1 has submitted nomination form as required under S.33(1) of the Act and the forms prescribed under R.4 of the Conduct of Elections Rules, 1961 (for short the Rules) in Form 2 - A to Form





































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