election petition
contents itself with claiming a simple declaration that the
election of the returned candidate should be declared to be
void, the petition falls ... Genda
Lal had by his election petition, besides seeking the relief
of having the appellant's election declared void, claimed
the seat for himself
candidate-Result of election of returned
candidate-Whether materially affected-Burden of proof on
election petitioner-Whether election can be declared void on
surmises ... candidate)
does not ipso facto render the election. Of the returned
candidate void. The election can be declared void only if it
is found that
have been' land
being'--Recrimination--Election--Petition to declare
election void and to declare the petitioner
elected--Returned candidate if can plead that ... declared to be duly elected candidate
because he committed corrupt practices. An
election petition to declare the election of a
returned candidate void lies only
appellant void and to declare
herself as the duly elected candidate. Election was
sought to be declared void on the ground that the
appellant ... shall declare
election of the returned candidate void. Under
clause (d) election is to be declared void, if the
result of the election
integral whole and that if election has to be set aside, the whole election should be declared void. It may be noticed that this decision ... election petition the Tribunal shall make an order--(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void
election petition, the Tribunal shall make an order-
(a) dismissing the election petition; or (b) declaring the election of the returned candidate to be void ... that the election of a returned candidate be declared void, the Tribunal could declare the whole election void.
The Tribunal was also of the opinion
that there was no prayer in
the Election Petition to declare the election of the
appellant as void, on the grounds stipulated in
Section ... Court
Court shall declare the election of shall declare that the election of the
the returned candidate to be void. returned candidate to be void
Election petition O. P. No. 107 of 1967 on 29-9-1967 before the election tribunal (Subordinate Judge, Anantapur) to declare the election as void ... have become final and that the election tribunal in dealing with an application to declare the election void, has no jurisdiction to go into
basis or ground of the election petition to have the election of the respondents declared void, under section 100(1)(d)(iv) of the Representation ... electoral rolls cannot be the basis of the election petition to have the election declared void under Section
materially affected the result
of the election before the election of the returned candidate could
be declared void.
11. A mere non-compliance or breach ... stand for the election or be declared to be elected. The petitioner
had also alleged that the election was void because of the
improper acceptance
