aggrieved party, if he wants to
challenge any election, is an election petition. This
exclusion of all other remedies includes constitutional
remedies like ... framers of the Constitution have, by
implication, postponed all election disputes to election
petitions and tribunals. In harmony with this scheme s. 100
has been
The Delhi Municipal Corporation Act, 1957
DELHI
India
The Delhi Municipal Corporation Act, 1957
Act
part of the election campaign of the first
respondent as alleged in paragraphs 6 and 7 of the election petition and if
so whether ... Court dismissed the
election petition holding that corrupt practices pleaded in the petition
are not proved and, hence, the election cannot be set aside under
quashed
leaving it to the Election Commission "to perform their
statutory duties in the matter of the election petition".
The petition was dismissed ... initiation of
proceedings for setting aside an election otherwise than by
an election petition presented to such authority and in such
manner as provided therein
Election Commissioner. (6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission ... authority to the High Court to hear the trial of election petitions. The abolition of tribunals and the restoring of their powers to the High
court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner
only no forum for adjudication of election disputes but
that there is also no election petition in the eye of law. The
insurmountable difficulty ... election is itself the
law. The other was that the constituent power applied its own norms to the
election petition. Both the answers are unacceptable
contain and the reliefs which an election petitioner
may claim. Chapter III makes provision for trial of election
petitions; procedure before the High Court ... delay. This is more so in election
disputes because by delaying the trial of election petition, the
successful candidates may succeed in enjoying the substantial
contains a provision ( sec. 80 ) that no
election shall be called in question except by an election
petition presented in accordance with the provisions ... manner of presentation of election peti-
tions, the constitution of election tribunals and the trial
of election petitions. Part VII outlines the various cor-
rupt
election process has already commenced and inasmuch as election has already taken place, the appellants have an alternative remedy to file an election petition under ... election process, the Election Tribunal is not competent to go into the validity or otherwise of an electoral roll in an election petition. Therefore