Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Election Petition

Friday, September 07, 2012
Election Petition

Election Petition — Contention that in the absence of a cause of action or incomplete cause of action for the Election Petition on account of the verification thereto not being in conformity with the provisions of Order VI Rule 15 of the C.P.C., the Election Petition is liable to be dismissed — Held, not acceptable — Representation of the People Act, 1951 — Civil Procedure Code, 1908, Order 6, Rule 15.

Election Petition

Election Petition — Defect — There is little doubt that the provisions 1951 Act have to be strictly construed, but that does not mean that any defect in the Election Petition cannot be allowed to be cured in the public interest — If after an opportunity is given, still no steps are taken by the Election Petitioner to cure the defects which are noticed, then the rigours of the procedure indicated by the 1951 Act, come into effect with full vigour. 

Election Petition

Election Petition — Corrupt practice — Omission in the pleadings to mention such corrupt practice whether would render the Election Petition not maintainable? — Held, charge of corrupt practice has a two dimensional effect, namely, its impact on the returned candidate has to be viewed from the point of view of the candidate’s future political and public life and from the point of view of the electorate to ensure the purity of the election process — Accordingly, there has to be a balance in which the provisions of Section 81(3) of the 1951 Act are duly complied with to safeguard the interest, both of the individual candidate, as well as of the public — An election petition should not be rejected at the threshold, but an opportunity should be given to the Election Petitioner to cure the defects which are curable — The High Court, in the present case, did not commit any error in directing the Election Petitioner to cure the defects in the Election Petition, which had been brought out during the hearing of the Election Petition — Representation of the People Act, 1951, Section 123, Sub-Sections (1)(A) and (B), (2), (6) and (7) and Section 81. 

Friday, June 18, 2010
Election Petition

Election Petition — Civil Procedure Code, 1908, Order 6, Rule 16 — Provisions of Order VI Rule 16 of CPC, held, are applicable to Election petitions.

Friday, August 15, 2008
Election Petition

Election petition — Dismissal of — The Courts have to view it whether the objections go to the root of the matter or they are only cosmetic in nature — It is true that the election petition has to be seriously construed — But that apart the election petition should not be summarily dismissed on small breaches of procedure.

Election Petition

Election petition — Dismissal of — Even if the Court has construed that the defects are of serious nature, at least notice should have been issued to the party to rectify the same instead of resorting to dismissal of the election petition at the outset.

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