Judgment
379 Election Petition3.24
6
action, election petition deserves to be
dismissed;
(3). The material fact that the election has been
materially affected ... candidate's election if he acts as an
election agent of that candidate.
.....31/-
Judgment
379 Election Petition
decide the election petition.
17. Section 81 provides the presentation of an
election petition.
18. Section 82 speaks about parties to the petition
which reads ... Judgment
380 Election Petition1.24
56
would lead to incomplete cause of action and that such
petition is not an election petition
decision in election petition laying challenge to the validity of election
under Section 100(1)(a) of RPA, the election petition must fail because ... proceedings in election petition can be called or termed as
continuation of election proceedings. The High Court trying an election
petition is not hearing
decision in election petition laying challenge to the validity of
election under Section 100(1)(a) of RPA, the election petition
must fail because ... proceedings in
election petition can be called or termed as continuation of
election proceedings. The High Court trying an election petition
is not hearing
election petitions in Part VI, but it also provides a special remedy under Section 116A in respect of the orders passed on election petitions ... purpose of finding out another remedy for interlocutory orders or judgments in election petitions filed under the Act. The provisions of the statute are comprehensive
15443/2017 JUDGMENT
Borsad in Election Petition No. 1 of 2017 by which the
petitioner's election petition came to be dismissed.
2. Brief ... Tamil Nadu Panchayats Act. Section 258
pertains to election petitions, enabling aggrieved person to file
election petition within fifteen days from the date of
publication
election petition but in the
accompanying schedules or annexures. He submits that even though
the annexures to the petition are outside the election petition, they ... election petition were
already referred to in the election petition itself, the same were not
integral part of the election petition but were relied upon
expeditious disposal of election petitions and it would be difficult, if not impossible, to dispose of election petitions within six months. We do not think ... election petition under Section 98 or Section 99 , i.e. at the conclusion of the trial of the election petition. The non obstante clause
presentation
of an election petition, has to necessarily result in rejection of the petition
itself.
8. She reiterated that the election petition contained the following ... election
petition is presented to the Election Tribunal for trial."
Hence, Section 80 of the Punjab Act specifically postulates
dismissal of an election petition
same manner as the petition.
86 - Trial of election petitions- (1) The High Court shall dismiss an
election petition which does not comply with ... maintain an Election Petition. Impliedly, it bars any other person
from filing an Election Petition. In this sense the Election Petition
can also
