Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court
3 months, 3 weeks ago

Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court

Live Law  

The Madhya Pradesh High Court in a recent ruling held that an appeal cannot be converted into an election petition by way of an application for amendment, if compliance with provisions under M.P. A single-judge bench of Justice Vinay Saraf observed, “An application for amendment cannot be allowed to convert an appeal into election petition, if the compliance of mandatory provisions of Rules, 1995 are not established. Election petition is required to be filed strictly as per the provisions of Rules, 1995 and by allowing an application for amendment an appeal which was not filed in compliance of the provisions of Rules, 1995 cannot be permitted to convert into election petition.” As per factual matrix of the case, the Petitioner and the Respondent had contested for the post of Panch from Gram Panchayat, Chopana. The counsel for the petitioner submitted that an election petition can be filed under Section 122 of the Act, 1993 and in accordance with Rule 3 of Rules of 1995.

Appeal Court Election Rules Respondent Filed Rule Petition Petitioner Provisions Election Petition Sdo 1995 Panch Section 91 Of The Act  election  court  petitioner  1995  appeal  high  rule  provisions  conversion  panchayat  filed  compliance  rules  petition  established  respondent  mp

History of this topic

Madras High Court strikes off contents of election petition filed against Dayanidhi Maran
Trending News
2 weeks, 3 days ago

Madras High Court strikes off contents of election petition filed against Dayanidhi Maran

The Hindu  

The Madras High Court on Friday struck off almost all the paragraphs, related to allegations of electoral malpractices, from a plaint filed in support of an election petition challenging the 2024 victory of DMK MP Dayanidhi Maran from Chennai Central Lok Sabha constituency. The judge agreed with senior counsel T. Mohan, assisted by M. Sneha, representing the MP, that the …

Not A Fair Election, 13 Out Of 25 Members Didn't Vote: Madhya Pradesh HC Cancels Election Of Ujjain Panchayat President, Directs Fresh Poll
2 months ago

Not A Fair Election, 13 Out Of 25 Members Didn't Vote: Madhya Pradesh HC Cancels Election Of Ujjain Panchayat President, Directs Fresh Poll

Live Law  

The Indore Bench of Madhya Pradesh High Court has declared the election to the post of President Janpad Panchayat, Ujjain as illegal and void and ordered for fresh elections, after noting that out of the 25 elected members, 13 were not permitted to cast a vote. Hence, the election of respondent No.5 to the post of President Janpad Panchayat Ujjain …

Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea
3 months ago

Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea

Live Law  

The Supreme Court today issued notice to the Punjab State Election Commission in an intervention application filed by the prospective candidates of opposition parties including Bharatiya Janata Party, Shiromani Akali Dal, and Indian National Congress, alleging that they were systematically prevented from filing nominations for the Municipal Corporation elections in Patiala by. The Supreme Court today issued notice to the …

'They Have To Be Given A Chance' : Supreme Court Dismisses Plea Challenging SC/ST Reservations In Punjab's Gram Panchayat Posts
3 months, 3 weeks ago

'They Have To Be Given A Chance' : Supreme Court Dismisses Plea Challenging SC/ST Reservations In Punjab's Gram Panchayat Posts

Live Law  

The Supreme Court on Monday dismissed the challenge to the reservation of seats for Scheduled Castes in Gram Panchayat elections in village in Ferozepur, Punjab. The bench of CJI Khanna and Justice Sanjay Kumar was hearing a plea challenging the two circulars issued by the Deputy Commissioner of Ferozepur through which the seat of the sarpanch of the village as …

‘Very strange’, says SC on unopposed election of 3k panchayat candidates in Punjab
4 months ago

‘Very strange’, says SC on unopposed election of 3k panchayat candidates in Punjab

Hindustan Times  

The Supreme Court on Monday termed as “very strange” the fact that 3,000 out of 13,000 panchayat office-bearers were elected unopposed in recently held polls in Punjab and permitted aggrieved candidates to file election petitions. The top court also expressed surprise that hundreds of petitions were dismissed by the high court without affording proper hearing to the affected parties. A …

Punjab Panchayat Elections| Supreme Court Directs Election Tribunal To Decide Election Petitions In 6 Months
4 months ago

Punjab Panchayat Elections| Supreme Court Directs Election Tribunal To Decide Election Petitions In 6 Months

Live Law  

The Supreme Court today while refusing to interfere in pleas alleging irregularities in Punjab Gram Panchayat elections, directed the Election Tribunal to decide upon the election petitions within 6 months. However, the stay was vacated later by the High Court bench of Justices Sureshwar Thakur and Sudeepti Sharma observing that that there is complete bar on invocation of writ jurisdiction …

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
4 months, 2 weeks ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

Panchayat polls to be held in Punjab before Oct 20
6 months ago

Panchayat polls to be held in Punjab before Oct 20

Hindustan Times  

After debarring candidates to contest elections of the Panchayati Raj Institutions on party symbols, the rural development department has set the ball rolling for the conduct of the PRI elections which will take place before October 20. er debarring candidates to contest elections of the Panchayati Raj Institutions on party symbols, the rural development department has set the ball rolling …

Minor Differences In Nomination Form Or Non-Disclosure Of Dues Not Substantial Defect To Materially Affect Election Result: Madhya Pradesh High Court
7 months ago

Minor Differences In Nomination Form Or Non-Disclosure Of Dues Not Substantial Defect To Materially Affect Election Result: Madhya Pradesh High Court

Live Law  

While dismissing two pleas challenging the election of Congress MLA Ajay Arjun Singh from Chaurhat constituency, the Madhya Pradesh High Court held that mere minor differences in nomination form or non disclosure of dues cannot be termed a "substantial defect" affecting the election result. The election petitioner has to specifically show that how the violations pointed out in the election …

Election Petitions | SDO Exercises Powers Of ‘Civil Court’, Verification Of Pleadings By Oath Commissioner Not Incurable Defect: MP High Court
1 year, 3 months ago

Election Petitions | SDO Exercises Powers Of ‘Civil Court’, Verification Of Pleadings By Oath Commissioner Not Incurable Defect: MP High Court

Live Law  

The Madhya Pradesh High Court has recently held that a Gazetted officer such as the Sub-Divisional Officer, under the Election Petition Rules, 1995, exercises the functions of a ‘civil court’. The bench held that verification of pleadings by an Oath Commissioner would ‘not at all be a defect or is a curable defect’ as per Rule 11 of Election Petitions …

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court
2 years, 1 month ago

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer, wherein the proceedings under Section 122 of the M.P. The procedure as laid down under the provisions of the CPC for trying the suit is to be followed in cases where election petitions are tried under Section 122 of M.P. The …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years, 2 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Kerala High Court Rejects Objections Against Maintainability Of Election Petition Against Muslim League MLA
2 years, 3 months ago

Kerala High Court Rejects Objections Against Maintainability Of Election Petition Against Muslim League MLA

Live Law  

Rejecting Perinthalmanna MLA Najeeb Kanthapuram's objections against an election petition pending against him, the Kerala High Court recently said the case will go for trial for a decision on the rejection of 348 ballot papers in the matter.Justice A. Badharudeen in the ruling considered the question whether it is necessary to plead all essential facts in detail and if deviation …

Karnataka Panchayat Raj Act | Election Petition May Be Presented By Advocate In Immediate Presence of Party: High Court
2 years, 5 months ago

Karnataka Panchayat Raj Act | Election Petition May Be Presented By Advocate In Immediate Presence of Party: High Court

Live Law  

The Karnataka High Court has said that under Section 15 of the Karnataka Panchayat Raj Act, 1993, an Election Petition can be presented before the designated court even by the advocate of the party, in the immediate presence of that party. A single judge bench of Justice HT Narendra Prasad sitting at Kalaburagi said, "It is clear that under Section …

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani
2 years, 5 months ago

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani

Live Law  

The Madhya Pradesh High Court, Indore Bench recently allowed an application under Order VII Rule 11 CPC, thereby rejecting an election petition for not raising specific allegations or demonstrating a genuine cause of action. Shankar Lalwani, Lok Sabha member from Indore Constituency had moved an application under Order VII Rule 11 CPC seeking rejection of the election petition filed by …

Madhya Pradesh High Court Weekly Round-Up: May 16 To May 22, 2022
2 years, 10 months ago

Madhya Pradesh High Court Weekly Round-Up: May 16 To May 22, 2022

Live Law  

NOMINAL INDEX State Of Madhya Pradesh V Satya Narayan Dubey 2022 LiveLaw 147 Vijay Mahobia vs The State Of Madhya Pradesh 2022 LiveLaw 148 Dharmadas Tirthdas Construction Pvt. Ltd Versus UOI 2022 LiveLaw 152 ORDERS/JUDGMENTS OF THE WEEK 'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court Case Title: State …

Punjab and Haryana HC Permits Haryana to Hold Panchayat Elections
2 years, 10 months ago

Punjab and Haryana HC Permits Haryana to Hold Panchayat Elections

News 18  

The Punjab and Haryana High Court on Wednesday permitted the Haryana government to hold elections to Panchayati Raj Institutions. "The high court has permitted Haryana state to hold elections to the Panchayati Raj Institutions. He said the division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli passed the order after accepting the state's plea to permit it …

Can't Exercise Writ Jurisdiction To Interfere In Election Process Once It Has Commenced: Andhra Pradesh High Court
2 years, 10 months ago

Can't Exercise Writ Jurisdiction To Interfere In Election Process Once It Has Commenced: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently did not intervene in the election process of a Bank registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995. Brief Facts of the Case It was the case of the petitioner that he was Member of respondent Bank which was registered under the provisions of the Andhra Pradesh Mutually Aided Co-operative Societies …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
3 years, 1 month ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

UP Panchayat Polls: Supreme Court Rejects Pleas Challenging High Court's Order Directing 2015 To Be Taken As Base Year For Reserving Seats
3 years, 11 months ago

UP Panchayat Polls: Supreme Court Rejects Pleas Challenging High Court's Order Directing 2015 To Be Taken As Base Year For Reserving Seats

Live Law  

Supreme Court has on Friday refused to entertain a batch of pleas filed challenging the Allahabad High Court's order dated 15th March that directed State of UP to take 2015 as base year instead of 1995 for reserving seats in upcoming UP panchayat polls, and hold elections by May 25th.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian …

UP Panchayat Polls: Plea Before Supreme Court Challenges High Court's Order Directing 2015 To Be Taken As Base Year For Reserving Seats
4 years ago

UP Panchayat Polls: Plea Before Supreme Court Challenges High Court's Order Directing 2015 To Be Taken As Base Year For Reserving Seats

Live Law  

A plea has been filed before the Supreme Court challenging the Allahabad High Court's order dated 15th March that directed State of UP to take 2015 as base year instead of 1995 for reserving seats in upcoming UP panchayat polls, and hold elections by May 25th. The High Court had quashed an order issued by the Uttar Pradesh government dated …

'Election Process Can't Be Interfered With' : Supreme Court Dismisses Plea Against Consecutive Reservation Of Panchayat President Posts In Kerala
4 years, 3 months ago

'Election Process Can't Be Interfered With' : Supreme Court Dismisses Plea Against Consecutive Reservation Of Panchayat President Posts In Kerala

Live Law  

A vacation bench of the Supreme Court on Thursday dismissed a plea which challenged the reservation notification issued by the State Election Commission for local body heads on the ground that it lead to successive/consecutive reservations of the posts of Panchayat Presidents and Municipality Chairpersons. "Election process can't be interfered with in the middle", a bench comprising Justices Indira Banerjee …

BJP Leader Moves Supreme Court Challenging Madhya Pradesh High Court Order Restraining Physical Poll Campaigns
4 years, 5 months ago

BJP Leader Moves Supreme Court Challenging Madhya Pradesh High Court Order Restraining Physical Poll Campaigns

Live Law  

A plea challenging the order of Madhya Pradesh High Court which directed conduct of poll campaigns virtually, without physical gathering has been filed before Supreme Court.BJP candidate Pradyumn Singh Tomar, contesting bye-elections from Gwalior, has moved the top court through Advocate Astha Sharma, contending that the impugned interim order has violated his right to conduct election. A plea challenging the …

Allahabad HC Seeks Response From Election Commission In Plea For Online Nomination Of Candidates For Panchayat Election [Read Order]
4 years, 6 months ago

Allahabad HC Seeks Response From Election Commission In Plea For Online Nomination Of Candidates For Panchayat Election [Read Order]

Live Law  

The Allahabad High Court recently issued notices on a PIL seeking online nomination of candidates contesting in the upcoming Panchayat Election in the state to avoid crowding of supporters and procession, amid the pandemic. He has submitted: "It is a general practice during the elections, that contesting candidates gather/ collect large number of supporters to show their strength at the …

Madhya Pradesh HC Dismisses Plea For Postponement Of Rajya Sabha Elections As Non-Maintainable [Read Order]
4 years, 9 months ago

Madhya Pradesh HC Dismisses Plea For Postponement Of Rajya Sabha Elections As Non-Maintainable [Read Order]

Live Law  

The Madhya Pradesh High Court on Wednesday dismissed the PIL for postponement of elections to the three vacancies of the state in the Rajya Sabha, on the ground of maintainability. Article 329 provides that no election to either House of Parliament or to either House of the Legislature of a State shall be called in question except by an "election …

Recourse To Writ Jurisdiction In Election Matters Not Appropriate When Statute Provides An Alternative Machinery: SC [Read Judgment]
5 years, 1 month ago

Recourse To Writ Jurisdiction In Election Matters Not Appropriate When Statute Provides An Alternative Machinery: SC [Read Judgment]

Live Law  

Once alternate machinery is provided by the statute, the recourse to writ jurisdiction in matters related to elections is not an appropriate remedy, the Supreme Court has held. In appeal before the Apex Court, it was contended that the order of acceptance of nomination papers could not be challenged in a writ petition in view of Article 243-O of the …

WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days [Read Judgment]
6 years, 7 months ago

WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days [Read Judgment]

Live Law  

Supreme Court of India on Friday sets aside the Calcutta High Court order directing the State Election Commission to accept the nominations filed online. The bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar was pronouncing its judgment on an appeal against the May 8 order of the Calcutta High Court directing the State …

WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days [Read Judgment]
6 years, 7 months ago

WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days [Read Judgment]

Live Law  

Supreme Court of India on Friday sets aside the Calcutta High Court order directing the State Election Commission to accept the nominations filed online. The bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar was pronouncing its judgment on an appeal against the May 8 order of the Calcutta High Court directing the State …

West Bengal panchayat poll: Calcutta HC extends stay on election process
6 years, 11 months ago

West Bengal panchayat poll: Calcutta HC extends stay on election process

India TV News  

The Calcutta High Court today extended the stay on the panchayat poll process in West Bengal and said the State Election Commission's withdrawal of a notification giving an additional day for filing of nominations was in question before it. Representing the ruling TMC, its vice-president Kalyan Banerjee said the petitions challenging the decisions of the Commission was not maintainable, and …

Amend Rules To Ensure Speedy Disposal Of Election Petitions: Madras HC Tells State [Read Order]
7 years, 9 months ago

Amend Rules To Ensure Speedy Disposal Of Election Petitions: Madras HC Tells State [Read Order]

Live Law  

‘Ensure complete and comprehensive adjudication of Election Dispute assigned to the designated concerned judge/tribunal within the prescribed time.’The Madras High Court has called upon the state to make an endeavour to bring necessary amendments so as to see that election petitions/disputes are determined expeditiously.Justice M Venugopal was considering an election petition by Saidai. ‘Ensure complete and comprehensive adjudication of Election …

Amend Rules To Ensure Speedy Disposal Of Election Petitions: Madras HC Tells State [Read Order]
7 years, 9 months ago

Amend Rules To Ensure Speedy Disposal Of Election Petitions: Madras HC Tells State [Read Order]

Live Law  

‘Ensure complete and comprehensive adjudication of Election Dispute assigned to the designated concerned judge/tribunal within the prescribed time.’The Madras High Court has called upon the state to make an endeavour to bring necessary amendments so as to see that election petitions/disputes are determined expeditiously.Justice M Venugopal was considering an election petition by Saidai. ‘Ensure complete and comprehensive adjudication of Election …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

Questions aplenty on Haryana panchayat poll law
9 years, 3 months ago

Questions aplenty on Haryana panchayat poll law

The Hindu  

The Supreme Court judgment upholding the new Haryana panchayat law, which limits the voter’s freedom to choose his own candidate in a participatory democracy, offers limited and unidimensional explanations to questions and issues raised by parties in court. The judgment by a Bench led by Justice J. Chelameswar does not explain why it considers disqualifications in Section 175 of the …

Haryana and Beyond: Right to Contest in Elections
9 years, 3 months ago

Haryana and Beyond: Right to Contest in Elections

Live Law  

An amendment to the Haryana Panchayati Raj Institutions Act resulted to unwarranted controversy and is now challenged before the Supreme Court of India. The impugned amendment prescribes qualifications for contesting in elections to the local self governments and also holding positions.The Constitution of India directs the Government to take steps to organise village panchayats and also. This can be substantiated …

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday
9 years, 6 months ago

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday

Hindustan Times  

The Supreme Court on Monday put off the hearing for a day on an interim application filed by the Haryana government, seeking vacation of stay on recent amendments in the panchayati raj law, including making educational qualification mandatory to contest elections to panchayati raj institutions. The apex court asked Haryana’s counsel to get instructions from the state government if the …

Jailed politicians can contest elections as Parliament amended law: Supreme Court
11 years, 4 months ago

Jailed politicians can contest elections as Parliament amended law: Supreme Court

India TV News  

New Delhi: The Supreme Court yesterday dismissed Centre's plea seeking review of its judgment debarring arrested persons from contesting polls, saying it is not necessary to look into the issue in view of amendment in law by Parliament. The apex court, however, said that the issue of constitutional validity of the amendment will be considered separately after an NGO Lok …

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