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1 - 10 of 13 (0.21 seconds)Karnataka Municipalities Act, 1964
Section 34 in The Indian Penal Code, 1860 [Entire Act]
G.M.Siddeshwar vs Prasanna Kumar on 8 March, 2013
NC: 2025:KHC:26676
MFA No. 1202 of 2024
HC-KAR
the petition liable for dismissal at the threshold
irrespective of substantive merit of the allegations. This
principle is laid down in clear terms in Mithilesh Kumar
Pandey, G.M. Siddeshwar case supra.
Section 27 in Karnataka Municipalities Act, 1964 [Entire Act]
Saritha S. Nair vs Hibi Eden on 9 December, 2020
NC: 2025:KHC:26676
MFA No. 1202 of 2024
HC-KAR
"33. Section 83(1)(c) mandates that an election
petition shall be signed by the petitioner and
verified in the manner laid down in the Code of Civil
Procedure for verification of pleadings. Signing a
petition and verifying the petition are two different
aspects. While Order 6 Rule 14 deals with the
signing of the petition, Order 6 Rule 15 deals with
the verification of pleading. Rule 14 mandates that
every pleading shall be signed by the party as well
as the pleader, if any. But the proviso carves out an
exception by stating that where a party is unable to
sign the pleading, by reason of absence or for other
good cause, it may be signed by any person duly
authorised by him to sign the same or to sue or
defend on his behalf. Order 6 Rule 14 reads as
follows:
Section 323 in Karnataka Municipalities Act, 1964 [Entire Act]
Satya Narain vs Dhuja Ram And Others on 21 December, 1973
9. These findings of the trial Court with the non-
disclosure stated supra are not challenged by the
respondent by preferring any separate appeal. Despite
these adverse findings on merits, the trial Court dismissed
the election petition on the ground that, the petition was
not maintainable for procedural reasons. It held that, the
appellant had failed to file a mandatory affidavit in support
of the verification of the pleadings as required under Order
VI Rule 15(4) of CPC. The annexure to the application
were not attested and certified copies were not furnished
to the respondents. It held that, these lapses were not
mere irregularities but went to the root of the
maintainability of the petition. The trial Court placed
reliance on binding precedent of apex Court in Mithilesh
-9-
NC: 2025:KHC:26676
MFA No. 1202 of 2024
HC-KAR
Kumar Pandey v. Baidyanath Yadav and Others, AIR
1984 SC 305, Satya Narain v. Dhuja Ram and Others,
AIR 1974 SC 1185, G.M. Siddeshwar v. Prasanna
Kumar, (2013) 4 SCC 776, wherein the Hon'ble Apex
Court reiterated that, failure to comply with the mandatory
procedural requirements including furnishing a supportive
affidavits renders and election petition liable for dismissal
at the threshold.