being
specifically stated, it cannot be accepted that there
was any false declaration. It is settled law that material
facts are also positive averment ... column of the affidavit
and how the same amounts to a false declaration with
regard to the weight and value thereof. The Election
Petitioner does
Election
Petitioner has made certain allegations in her Election
Petition regarding false declaration of the date of birth
of the respondent. Said allegation appears ... falsely declared her educational
qualification in the affidavit in Form 26. In fact, the
details of the alleged false declaration have been
highlighted under Pararaph
affidavit purportedly filed in
Form 26 would amount to misleading/false
declaration. The false declaration relating to the
educational qualification of Respondent is clear
violation ... general in nature, lacking any
clear indication as to how false declaration of educational
qualification, if at all, influenced the election result
claiming a declaration that
the election of all or any of the returned candidates
is void, claims a further declaration that he himself ... contesting candidates other than the petitioner,
and where no such further declaration is claimed,
all the returned candidates; and (b) any other
candidate against whom
claiming a declaration that
the election of all or any of the returned candidates
is void, claims a further declaration that he himself ... contesting candidates other than the petitioner,
and where no such further declaration is claimed,
all the returned candidates; and (b) any other
candidate against whom
claiming a declaration that
the election of all or any of the returned candidates
is void, claims a further declaration that he himself ... contesting candidates other than the petitioner,
and where no such further declaration is claimed,
all the returned candidates; and (b) any other
candidate against whom
such joint ownership is mandatory, and intentional non-
disclosure constitutes a false affidavit of substantial
character.
Reliance is placed by Mr. Mohanty on the
judgments ... Page 11 of 32
disclosure amounts to a false declaration, which is a defect
of substantial character rendering the nomination invalid
persuade the Court to transfer the
case from Kujanga to Nayagarh by falsely projecting that she is
1
(2000) 3 SCC 581
Signature Not Verified ... father is no more. This also
amounts to swearing false affidavit and giving false declaration
as appended to the transfer application. This Court therefore,
finds
affidavit as per the
advertisement whereas opposite party No.6 submitted a
false certificate stating to be a resident of the service area ... obtained residence certificate from the
Tahasildar, Balangir by making false declaration. The
petitioner's objection in this regard was not considered. As
such
State. Additionally, it is
contended that the petitioner has obtained false declaration
from the Ward Member and Kishore Chandra Kheti just to
show her residence
