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HIGH COURT OF UTTARAKHAND
SANTOSH KUMARI – Appellant
Versus
RISHU SAINI – Respondent
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No.2613 of 2024
Smt. Santosh Kumari
--Petitioner
Versus
Smt. Rishu Saini and others --Respondents ---------------------------------------------------------------------
Presence:-
Mr. Siddhartha Singh, learned counsel for the petitioner.
Mr. B.S. Adhikari, learned counsel for respondent no.1.
Mr. P.P. Bhatt, learned counsel i/b Mr. Sanjay Bhatt, learned counsel
for respondent no.6.
None for other respondents.
----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J.
By means of present petition under Article 227 ofClick Here to Read the rest of this document
The Election Petition is a civil trial, and the judge conducting an inquiry is empowered to issue witness summons as provided under Section 418 of the Act.
Election disputes must be resolved through election petitions as per Article 329(b) of the Constitution, not through writ petitions.
Election petitions must be presented personally by the candidate, and failure to comply with this requirement is an incurable defect.
Election disputes must be resolved through election petitions under the Representation of the People Act, 1951, not through writ petitions, due to the constitutional bar under Article 329(b).
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
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