Bhupendrasinh Chudasama Moves SC Against Gujarat HC Judgment Declaring His Election 'Null &Void' [Read Petition]
4 years, 7 months ago

Bhupendrasinh Chudasama Moves SC Against Gujarat HC Judgment Declaring His Election 'Null &Void' [Read Petition]

Live Law  

A day after the Gujarat High Court nullified his election to the State Legislative Assembly, Bhupendrasinh Chudasama, who was a minister of the Gujarat government, moved the Supreme Court challenigng the same.The Gujarat High Court's set aside his December 2017 election as void and illegal on the grounds of manipulation and malpractice. A day after the Gujarat High Court nullified his election to the State Legislative Assembly, Bhupendrasinh Chudasama, who was a minister of the Gujarat government, moved the Supreme Court challenigng the same. This was contested by Rathod before the Gujarat High Court wherein he alleged that Chudasama had indulged in "corrupt practice and breach of many of the mandatory instructions of the Election Commission, at various stages of the election process, more particularly at the time of counting of votes" as the Returning Officer Dhaval Jani had illegally excluded 429 postal ballot papers from consideration. Justice Paresh Upadhyay of the Gujarat High Court heard the matter and held that the election of Chudasama was void as per Section 100, Section 100 and Section 100 of the Representation of People Act, 1951 because the procedure adopted for counting of votes was against the orders of the Election Commission of India and the result of the election had been materially affected by the non-compliance of the provisions of RPA.

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History of this topic

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 months, 3 weeks ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Use Of Lord Ayyappa's Pictures In Voting Slips | Supreme Court Upholds Kerala HC Finding That Petition Challenging K Babu's Election Is Triable
10 months, 4 weeks ago

Use Of Lord Ayyappa's Pictures In Voting Slips | Supreme Court Upholds Kerala HC Finding That Petition Challenging K Babu's Election Is Triable

Live Law  

The Supreme Court held the election petition filed by CPI leader M Swaraj challenging K Babu, Congress MLA elections from Thrippunithura constituency in the 2021 assembly elections as triable under the Representation of People Act, 1951. “.once the High Court opined that a triable issue under Section 123 of the Act of 1951 is made out, we find no grounds …

Supreme Court Refuses To Stay Kerala HC Proceedings In Petition Challenging Election Of Congress MLA K Babu
1 year, 3 months ago

Supreme Court Refuses To Stay Kerala HC Proceedings In Petition Challenging Election Of Congress MLA K Babu

Live Law  

The Supreme Court on Tuesday refused to stay the proceedings in the election petition filed against Congress MLA K Babu pending before the Kerala High Court, challenging his election from the Tripunithura constituency in the 2021 Kerala Legislative Assembly Elections.The Election Petition in the High Court was filed by CPI leader M Swaraj seeking to declare the election of Babu …

Gujarat High Court Weekly Round Up: September 5 To September 11, 2022
2 years, 3 months ago

Gujarat High Court Weekly Round Up: September 5 To September 11, 2022

Live Law  

NOMINAL INDEX It is interesting to note that the passport of the petitioner was not impounded by invoking the provisions of Section 10 of the Passports Act, 1967, which refers to the impounding of a passport, if the holder of such passport is involved in any activities, which is against the interest of the sovereignty, integrity and the security of …

Gujarat High Court Weekly Round Up: June 13 - June 19, 2022
2 years, 6 months ago

Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

Live Law  

NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw 210 Hamidabanu Anawarbhai Multani & 2 Other V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other 2022 LiveLaw 211 M/s MBR Flexibles Ltd. Ltd. & 1 other v/s n. Venkta yayadri …

Inclusion/ Exclusion Of Name In Voters' List Not An Extraordinary Circumstance Warranting Interference U/Art 226 Constitution: Gujarat HC Reiterates
2 years, 7 months ago

Inclusion/ Exclusion Of Name In Voters' List Not An Extraordinary Circumstance Warranting Interference U/Art 226 Constitution: Gujarat HC Reiterates

Live Law  

The Gujarat High court has reiterated that removal of a person's name from the voters' list is not an "extraordinary circumstance" warranting invocation of High Court's extraordinary jurisdiction under Article 226 of the Constitution. It held that a person aggrieved must avail statutory remedy by filing election petition under Rule 28.A Bench comprising Justice Biren Vaishnav and Justice. It held …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
2 years, 10 months ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Calcutta HC Reserves Judgment in Plea Seeking Postponement of 4 Civic Polls Amid Covid-19 Surge
2 years, 11 months ago

Calcutta HC Reserves Judgment in Plea Seeking Postponement of 4 Civic Polls Amid Covid-19 Surge

News 18  

The Calcutta High Court on Thursday reserved judgment in a Public Interest Litigation seeking deferment of four civic polls in Bidhannagar, Chandernagore, Asansol and Siliguri amid rising Covid-19 cases in West Bengal. A bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj heard arguments from the petitioner, the State Election Commission, and the state government, and reportedly expressed dissatisfaction …

'Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections
3 years, 4 months ago

'Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections

Live Law  

The Delhi High Court has dismissed a petition filed by Swami Chakrapani, claiming to be the President of Akhil Bharat Hindu Mahasabha, and seeking a direction to the Election Commission of India to permit the party's office bearers to contest Assembly elections in several states.Noting that the factum of Chakrapani occupying the said position is highly disputed, a Division Bench …

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused
3 years, 11 months ago

Corruption Is An Offence Against Society: Supreme Court Sets Aside Gujarat HC Judgment Acquitting An Accused

Live Law  

Offences under the Prevention of Corruption Act are offences are against the society, the Supreme Court observed while setting aside a Gujarat High Court judgment acquitting an accused in a corruption case.In this case, the accused, who was an Assistant Director in ITI, Gandhi Nagar was convicted for the offences punishable under Section 7 read with Sections 13 and 13. …

Kerala HC Dismisses Pleas Challenging Successive Reserving Of Same Constituencies For Third Time For Local Body Elections 2020 [Read Judgment]
4 years, 1 month ago

Kerala HC Dismisses Pleas Challenging Successive Reserving Of Same Constituencies For Third Time For Local Body Elections 2020 [Read Judgment]

Live Law  

The Kerala High Court has dismissed a batch of writ petitions challenging allocation of reserved seats to different wards/divisions of some of the local bodies in the State for the ensuing election.The petitioners contention was that the wards/divisions were successively reserved for one or other categories in the elections held during 2010 and 2015 and that the said wards/divisions are. …

Gujarat High Court Quashes Complaint Against Home Minister Pradipsinh Jadeja For Alleged Poll Code Violation [Read Order]
4 years, 2 months ago

Gujarat High Court Quashes Complaint Against Home Minister Pradipsinh Jadeja For Alleged Poll Code Violation [Read Order]

Live Law  

The Gujarat High Court on Monday quashed and set aside a criminal complaint filed against State Home Minister Pradipsinh Jadeja for the alleged violation of the model code of conduct during the 2007 Gujarat Assembly polls when he fought elections from Asarwa seat in Ahmedabad as a BJP candidate. Arguments put forth The Senior Counsel appearing for the applicant vehemently …

Breaking: SC Stays Gujarat HC Judgment Declaring State Law Minister Bhupendrasinh Chudasama's Election Null And Void [Read Order]
4 years, 7 months ago

Breaking: SC Stays Gujarat HC Judgment Declaring State Law Minister Bhupendrasinh Chudasama's Election Null And Void [Read Order]

Live Law  

The Supreme Court stayed the Gujarat High Court order nullifying the 2017 election of BJP leader Bhupendrasinh Chudasama to the Gujarat State Legislative Assembly, and issued notice in the matter.A bench comprising Justices Mohan M Shantanagoudar and R. Subhash Reddy passed the interim order.The Gujarat HC had set aside Chudasama's December 2017 election as void and illegal on the grounds. …

Gujarat HC declares BJP minister Bhupendrasinh Chudasama's win in 2017 Assembly polls as void for indulging in 'corrupt practices'
4 years, 7 months ago

Gujarat HC declares BJP minister Bhupendrasinh Chudasama's win in 2017 Assembly polls as void for indulging in 'corrupt practices'

Firstpost  

The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama’s election in 2017 as void on grounds of malpractice and manipulation Ahmedabad: The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama’s election in 2017 as void on grounds of malpractice and manipulation. Justice Paresh Upadhyay cancelled Chudasama’s election in an order passed on an petition …

Gujarat HC Declares BJP State Minister Bhupendrasinh Chudasama's Election As Void
4 years, 7 months ago

Gujarat HC Declares BJP State Minister Bhupendrasinh Chudasama's Election As Void

Live Law  

The Gujarat High Court nullified the election of Bhupendrasinh Manubha Chudasama who had been elected to the Gujarat State Legislative Assembly in December 2017, on grounds of malpractice and manipulation. This was contested by Rathod before the Gujarat High Court wherein he alleged that Chudasama had indulged in "corrupt practice and breach of many of the mandatory instructions of the …

QAhmedabad: HC Tells Alpesh to File Replies; New Food ATM in Surat
5 years, 4 months ago

QAhmedabad: HC Tells Alpesh to File Replies; New Food ATM in Surat

The Quint  

The Gujarat High Court on Monday, 19 August, directed lawyers of former Congress MLAs Alpesh Thakor and Dhavalsinh Zala to file their replies through affidavits within two weeks on the petitions by the Congress seeking disqualification of the duo under the anti-defection law. Thakor and Zala had cross-voted for BJP candidates -- External Affairs Minister S Jaishankar and Jugalji Thakor …

Supreme Court trashes Rana Ayyub’s Gujarat book, says it is based upon surmises, conjectures, and suppositions
5 years, 6 months ago

Supreme Court trashes Rana Ayyub’s Gujarat book, says it is based upon surmises, conjectures, and suppositions

Op India  

A writ petition seeking fresh investigation into the Haren Pandya case had used controversial journalist Rana Ayyub’s book in support of their case, which the Supreme Court today said that is of no utility. The Supreme Court of India today overturned a Gujarat High Court order which had acquitted the 12 people convicted of murdering former Gujarat Home Minister Haren …

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