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C.W.P. No. 4370 of 2018 (7)
Hon'ble the Apex Court in Raj Kumar Vs. Mukhtyar Singh and others,
Special Leave to Appeal (Civil) No. 17041 of 2011 on 22.4.2014 has held
that the provisions of Section 176 of the Act are directory being the
procedural and the said defect, if any, is curable if so directed by the
Election Tribunal and has set aside judgment of the High Court passed in
Raj Kumar's case (supra).
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Haryana Financial Corporation vs Deepak Singhal & Anr on 11 April, 2016
Learned counsel for the petitioner submits that impugned
orders are liable to the set aside on the ground that the election petition was
not maintainable as the election petition was not filed in person. As per
provisions of Section 176 of the Act read with Section 81 of the
Representation of People Act, 1950, it is mandatory to file election petition
in person. Learned counsel further submits that certificate of the 8th class
was kept by the school authorities and it was never issued to the concerned
candidate but this fact was not considered by both the Courts below.
Learned counsel also submits that it has been proved on record that the
petitioner was eligible to contest the election as he was having certificate of
transfer of the school, which clearly shows that he has passed middle class
examination. Learned counsel for the petitioner has also relied upon the
judgments of Hon'ble the Apex Court in the cases of Chandrika Misir and
another Vs. Bhaiyalal 1973 AIR (SC) 2391, Gauri Shanker Vs. M/s
Hindustran Trust and others 1972 RCJ 850, of this Court in cases of
Haryana Financial Corporation Vs. Deepak Singhal and another 2017
(5) RCR (Civil) 38, Rohtash through LRs Vs. State Election Commission
and others (C.R. No. 5641 of 2016, decided on 9.9.2016) and Raj Kumar
Vs. Mukhtyar Singh and others 2011 (3) PLR 44 in support of his
contentions.
The Representation Of The People Act, 1950
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