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Raj Kumar vs Mukhtyar Singh And Others on 1 April, 2011

6 of 11 ::: Downloaded on - 13-05-2018 18:34:46 ::: 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).
Punjab-Haryana High Court Cites 18 - Cited by 7 - R C Gupta - Full Document

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.
Punjab-Haryana High Court Cites 11 - Cited by 1 - Full Document
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