District Election Officer (Panchayat) and District Collector, Bharatpur.
3. Election Officer Bharatpur, Zila Pramukh Election (Panchayat) Bharatpur through District
Election Officer (Panchayat) and District Collector ... election petition was
accordingly allowed and the election of the RC as member of Ward
No.14 Zila Parishad Bharatpur set aside.
Hence this petition
election or the
Chief Election Officer resigning and the outcome of the election if
continued to be held, liable to be set aside ... Chief Election Officer of Election Committee and
non holding of election at one of the venues does not call for setting aside of
election
with the concept and election being
materially affected and unless that is proven or established, an election
cannot be set aside. In this regard, learned ... Patna where the
election of the appellant was set aside. To set aside the election, the
High Court heavily placed reliance upon two decisions
Here, the election officer
has not committed breach of the Rules and,
therefore, the election cannot be set aside.
When the election cannot be set ... purpose of
that election and of such fresh election
as may be held under section 33 and shall
set aside the election of such candidate
concept and
election being materially affected and unless that is proven or
23
established, an election cannot be set aside. In this regard, learned
counsel ... Patna
where the election of the appellant was set aside. To set aside the
election, the High Court heavily placed reliance upon two decisions
Election 2015 village Panchayat Gudla, Tehsil
Karauli, District Karauli through District Election Officer Karauli (Raj.)
3. District Election Officer, Karauli (Raj.) Panchayat Aam Election ... election
petition filed by the election petitioner (hereinafter `the EP') against
2
the returned candidate (hereinafter `the RC') setting aside her
election
pendency of
the case could not be a ground to set aside the election.
Counsel for the respondent mainly tried to justify the finding
recorded ... liable to be set
aside. It is settled principle that the Tribunal could only exercise its
jurisdiction and set aside the election on the grounds
contest the election to the post of Sarpanch, for reason of which her
election as such was liable to be set aside.
I find ... held where only two candidates contested an election
and the election of the returned candidate is set aside, the Election
Tribunal could in such
setting aside of the election has been claimed, the grounds on
which election is sought to be set aside can be added. Attention was
invited ... having not impleaded all the parties to the
original petition for setting aside election, does not arise.
16. The petition is dismissed.
No costs.
RAJIV
village Ghatmika, Panchayat
Samiti Pahari District Bharatpur has been set aside.
2
Election of the RC to the post of Sarpanch of village
Ghatmika, Panchayat ... trial court
committed a patent illegality and perversity in setting aside the
election of the RC. He submitted that the EP failed to discharge
