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Documents citing Jitu Patnaik vs Sanatan Mohakud & Ors on 2 March, 2012

Swami Vasudevanand Saraswati Disciple ... vs Jagat Guru Shankarcharya Jyotishpeeth ... on 22 September, 2017

803 470 454 60 Jagdish Chandra Sharma Vs. Narain Singh Saini, (2015) 8 SCC 615 716 642 61 Jamna Vs. Jhalli AIR 1920 All 111 412 417 62 Jamshed Ji Vs. Soonabai, (1909) 22 Bom 122 316 252 63 Jaswant Singh Vs. Custodian of Evacuee Property 1985 (3) SCC 648 474 455 64 Jenkins Vs. Robertson, (1867) LRIHL 117 454 448 65 Jitu Patnaik Vs. Sanatan Mohakud and others, (2012) 4 SCC 194 666, 681 596, 615 66 Jujjuvarapu Vs. Pappala, AIR 1969 A.P. 76 503 472 67 K. Ethirajan Vs. Lakshmi and others, AIR 2003 SC 4295 458 449 68 Kailasam Pillai Vs. Nataraja Thambiran and Ors. 1910 I.L.R. 33 Madras 265 264 219 69 Kalipada De Vs. Dwijapada Das, AIR 1930 PC 22 451 447 70 Kanhiya Lal Vs. Ashraf Khan AIR 1924 Alld.
Allahabad High Court Cites 273 - Cited by 1 - Full Document

Jitendra Kumar Awwasthi vs Sanjay Yadav (Winning Candidate) Mla on 1 March, 2023

53. Reliance is placed by learned counsel for the respondent on the judgments of Hon'ble the Supreme Court in Hari Shanker Jain versus Sonia Gandhi (supra), L.R.Shivaramagowda & Others versus T.M.Chandrashekar (Dead) By Lrs & Others (supra), Shambhu Prasad Sharma versus Charandas Mahant & Others ((supra), Jitu Patnaik versus Sanatan Mohakud & Others (supra) and Virendra Kumar Saklecha versus Jagjiwan & Others (supra) to contend that unless the corrupt practice is alleged, the election cannot be set aside.
Madhya Pradesh High Court Cites 32 - Cited by 0 - V Agarwal - Full Document

Moirangthem Hemanta Singh vs Shri Paonam Brojen Singh on 27 September, 2024

(iii) Jitu Patnaik v. Sanatan Mohakud: (2012) 4 SCC 194: Material facts are those bundle of facts upon which the claim or defence of the party are based whereas material particulars amplify the material facts during the trial. [9] Learned counsel for the applicant submits that the application may be allowed and the document at Annexure R-1 be permitted to be placed as Page 95A between Pages 95 and 96 in the election petition and in doing so, no new case will be made out. [10] On the other hand, Mr. HS Paonam, learned counsel for respondent No.1/returned candidate draws the attention of this Court the provisions of Section 81 of RP Act which mandates the filing of election petition within 45 days of the from the date of the election of the returned candidate. As per Section 83(1)(a) of the Act, all the material facts have to be pleaded in the election petition and such facts have to be supported by material particulars. In short, material particulars have to be filed along with the election petition within the stipulated 45 days, otherwise the same will be in violation of the condition laid down in Section 81. Learned senior counsel emphasises the fact that supplying additional page for MC(EP) NO. 5 OF 2022 IN EP NO. 15 OF 2022: 5 incorporating in the affidavit Form-26 will amount to amendment of the election petition in disguise after the stipulated period of 45 days. It is pointed out that election result was declared on 10.03.2022 and the present application was filed on 07-05-2022, ie, after lapse of 58 days and document at Annexure R-1 proposed to be inserted as Page 95A cannot be accepted.
Manipur High Court Cites 19 - Cited by 0 - A G Sharma - Full Document

Moirangthem Hemanta Singh vs Shri Paonam Brojen Singh on 27 September, 2024

(iii) Jitu Patnaik v. Sanatan Mohakud: (2012) 4 SCC 194: Material facts are those bundle of facts upon which the claim or defence of the party are based whereas material particulars amplify the material facts during the trial. [9] Learned counsel for the applicant submits that the application may be allowed and the document at Annexure R-1 be permitted to be placed as Page 95A between Pages 95 and 96 in the election petition and in doing so, no new case will be made out. [10] On the other hand, Mr. HS Paonam, learned counsel for respondent No.1/returned candidate draws the attention of this Court the provisions of Section 81 of RP Act which mandates the filing of election petition within 45 days of the from the date of the election of the returned candidate. As per Section 83(1)(a) of the Act, all the material facts have to be pleaded in the election petition and such facts have to be supported by material particulars. In short, material particulars have to be filed along with the election petition within the stipulated 45 days, otherwise the same will be in violation of the condition laid down in Section 81. Learned senior counsel emphasises the fact that supplying additional page for MC(EP) NO. 5 OF 2022 IN EP NO. 15 OF 2022: 5 incorporating in the affidavit Form-26 will amount to amendment of the election petition in disguise after the stipulated period of 45 days. It is pointed out that election result was declared on 10.03.2022 and the present application was filed on 07-05-2022, ie, after lapse of 58 days and document at Annexure R-1 proposed to be inserted as Page 95A cannot be accepted.
Manipur High Court Cites 19 - Cited by 0 - A G Sharma - Full Document

Moirangthem Hemanta Singh vs Shri Paonam Brojen Singh on 27 September, 2024

(iii) Jitu Patnaik v. Sanatan Mohakud: (2012) 4 SCC 194: Material facts are those bundle of facts upon which the claim or defence of the party are based whereas material particulars amplify the material facts during the trial. [9] Learned counsel for the applicant submits that the application may be allowed and the document at Annexure R-1 be permitted to be placed as Page 95A between Pages 95 and 96 in the election petition and in doing so, no new case will be made out. [10] On the other hand, Mr. HS Paonam, learned counsel for respondent No.1/returned candidate draws the attention of this Court the provisions of Section 81 of RP Act which mandates the filing of election petition within 45 days of the from the date of the election of the returned candidate. As per Section 83(1)(a) of the Act, all the material facts have to be pleaded in the election petition and such facts have to be supported by material particulars. In short, material particulars have to be filed along with the election petition within the stipulated 45 days, otherwise the same will be in violation of the condition laid down in Section 81. Learned senior counsel emphasises the fact that supplying additional page for MC(EP) NO. 5 OF 2022 IN EP NO. 15 OF 2022: 5 incorporating in the affidavit Form-26 will amount to amendment of the election petition in disguise after the stipulated period of 45 days. It is pointed out that election result was declared on 10.03.2022 and the present application was filed on 07-05-2022, ie, after lapse of 58 days and document at Annexure R-1 proposed to be inserted as Page 95A cannot be accepted.
Manipur High Court Cites 19 - Cited by 0 - A G Sharma - Full Document

Moirangthem Hemanta Singh vs Shri Paonam Brojen Singh on 27 September, 2024

(iii) Jitu Patnaik v. Sanatan Mohakud: (2012) 4 SCC 194: Material facts are those bundle of facts upon which the claim or defence of the party are based whereas material particulars amplify the material facts during the trial. [9] Learned counsel for the applicant submits that the application may be allowed and the document at Annexure R-1 be permitted to be placed as Page 95A between Pages 95 and 96 in the election petition and in doing so, no new case will be made out. [10] On the other hand, Mr. HS Paonam, learned counsel for respondent No.1/returned candidate draws the attention of this Court the provisions of Section 81 of RP Act which mandates the filing of election petition within 45 days of the from the date of the election of the returned candidate. As per Section 83(1)(a) of the Act, all the material facts have to be pleaded in the election petition and such facts have to be supported by material particulars. In short, material particulars have to be filed along with the election petition within the stipulated 45 days, otherwise the same will be in violation of the condition laid down in Section 81. Learned senior counsel emphasises the fact that supplying additional page for MC(EP) NO. 5 OF 2022 IN EP NO. 15 OF 2022: 5 incorporating in the affidavit Form-26 will amount to amendment of the election petition in disguise after the stipulated period of 45 days. It is pointed out that election result was declared on 10.03.2022 and the present application was filed on 07-05-2022, ie, after lapse of 58 days and document at Annexure R-1 proposed to be inserted as Page 95A cannot be accepted.
Manipur High Court Cites 19 - Cited by 0 - A G Sharma - Full Document

Moirangthem Hemanta Singh vs Shri Paonam Brojen Singh on 27 September, 2024

(iii) Jitu Patnaik v. Sanatan Mohakud: (2012) 4 SCC 194: Material facts are those bundle of facts upon which the claim or defence of the party are based whereas material particulars amplify the material facts during the trial. [9] Learned counsel for the applicant submits that the application may be allowed and the document at Annexure R-1 be permitted to be placed as Page 95A between Pages 95 and 96 in the election petition and in doing so, no new case will be made out. [10] On the other hand, Mr. HS Paonam, learned counsel for respondent No.1/returned candidate draws the attention of this Court the provisions of Section 81 of RP Act which mandates the filing of election petition within 45 days of the from the date of the election of the returned candidate. As per Section 83(1)(a) of the Act, all the material facts have to be pleaded in the election petition and such facts have to be supported by material particulars. In short, material particulars have to be filed along with the election petition within the stipulated 45 days, otherwise the same will be in violation of the condition laid down in Section 81. Learned senior counsel emphasises the fact that supplying additional page for MC(EP) NO. 5 OF 2022 IN EP NO. 15 OF 2022: 5 incorporating in the affidavit Form-26 will amount to amendment of the election petition in disguise after the stipulated period of 45 days. It is pointed out that election result was declared on 10.03.2022 and the present application was filed on 07-05-2022, ie, after lapse of 58 days and document at Annexure R-1 proposed to be inserted as Page 95A cannot be accepted.
Manipur High Court Cites 19 - Cited by 0 - A G Sharma - Full Document

Dr.Madhavrao S/O Bhujangrao Kinhalkar vs Ashok S/O Shankarrao Chavan on 18 October, 2012

In this context, reference can be made ::: Downloaded on - 09/06/2013 19:18:11 ::: {36} ep1109j.odt to a judgment in the matter of Jitu Patnaik Vs. Sanatan Mohakud & Others, reported in AIR 2012 SC 913, wherein the Apex Court has held that instructions in the Handbook are merely guidelines with no statutory force. However, non observance of such instructions, would not, by itself, render the EVMs defective so as to call for invalidation of entire election.
Bombay High Court Cites 40 - Cited by 0 - R M Borde - Full Document
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