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1 - 10 of 13 (0.29 seconds)Kalyan Kumar Gogoi vs Ashutosh Agnihotri & Anr on 18 January, 2011
6. Learned counsel for the petitioner submits that
Section- 39 (2) of the Act and Section- 100 (1) (d) (iv) of the
Representation of the People Act, 1951 on the questions
relating to non-compliance of provisions materially affecting
the result of the election are parimateria provisions. So far
as breach or non-compliance of Constitution of India or the
statutory provisions are concerned, learned counsel for the
petitioner relies on the case of Mangani Lal Mandal v.
Bishnu Deo Bhandari, (2012) 3 SCC 314, Kalyan Kumar
Gogoi v. Ashutosh Agnihotri and another, (2011) 2 SCC
532 and other similar decisions on the points, which I do
not feel inclined to repeat in order to avoid multiplication of
citations on similar points in the body of the Judgment.
Ram Sukh vs Dinesh Aggarwal on 18 September, 2009
On the aforesaid fact,
this Court distinguished the decision of the Hon'ble
Supreme Court pressed by learned counsel for the petitioner
of the case in the case of Ram Sukh v. Dinesh Aggarwal,
(2009) 10 SCC 541, which is a decision relating to
Representation of the People Act.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Constitution of India
Mangani Lal Mandal vs Bishnu Deo Bhandari on 1 February, 2012
The words "result of the election, in so far as it
concerns a returned candidate", are absent in the Grama
Panchayat Act and the Election Rules. It is a matter of
common sense and also settled law that a petitioner is
required to plead the facts constituting the very ground /
grounds to declare election null and void. Here, in this case,
the election of the present petitioner has been declared null
and void under Section - 39 (1) (e) of the Act. The decisions
cited by learned counsel for the petitioner in the cases of
Mangani Lal Mandal and Kalyan Kumar Gogoi (supra) are
related to Section- 100 (1) (d) (iv) of the Representation of
the People Act, which is altogether a different ground to
declare an election null and void in the said Act.