SC reiterates that once the process of Election starts, no court should interfere with the Election process [Read Judgment]
9 years, 1 month ago

SC reiterates that once the process of Election starts, no court should interfere with the Election process [Read Judgment]

Live Law  

Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated, noted the Court.The Supreme Court in an appeal filed by Shri. Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated, noted the Court. and others, AIR 1952 SC 64, Nanhoo Mal and others v. Hira Mal and others 1976 SCC 211 and Shri Sant Sadguru Janardan Swami Sahakari Dugdha Utpadak Sanstha and another v. State of Maharashtra and others 2001 SCC 509 which have laid down the law to the effect that once the process of election starts, no court should interfere with the election process. “Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated,” noted the Court.

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History of this topic

Madras High Court strikes off contents of election petition filed against Dayanidhi Maran
Trending News
2 weeks, 5 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 …

Madras HC Dismisses Congress Leader Manickam Tagore's Plea Seeking Rejection Of Election Petition Challenging His 2024 Lok Sabha Polls Victory
3 weeks ago

Madras HC Dismisses Congress Leader Manickam Tagore's Plea Seeking Rejection Of Election Petition Challenging His 2024 Lok Sabha Polls Victory

Live Law  

The Madras High Court on Tuesday dismissed an application filed by Congress MP Manickam Tagore seeking to reject an election petition challenging his victory from the Virudhunagar Parliamentary Constituency in the 2024 General Assembly Elections. Background Vijaya Prabakaran of the Desiya Murpokku Dravida Kazhagam filed an Election Petition challenging the election from the Virudhunagar parliamentary constituency. The election petition cannot …

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court
1 month, 1 week ago

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court

Live Law  

The Kerala High Court has increased the fine amount from rupees 25,000 to 50,000 for eight CPI leaders and workers who attacked C.Sadanandan Master, which led to the amputation of his legs. Political parties have to deal with or finish their political opponents in the electoral battlefield and not engage in bloodshed and remove the opponents from the face of …

Court summons BJP MLA, poll body over pleas challenging his election win
1 month, 2 weeks ago

Court summons BJP MLA, poll body over pleas challenging his election win

India Today  

The Bombay High Court on Tuesday issued summons to BJP MLA Mahesh Ratanlal Baldi and the Election Commission of India while hearing two petitions challenging his win from the Uran Assembly constituency in Maharashtra Raigad district during the 2024 state polls. Advocate Rajesh Kachhre, appearing for petitioner Sudhakar Shantaram Patil, submitted that the latter is a voter who is challenging …

Bombay High Court dismisses election petition against the victory of Congress MP Varsha Gaikwad
1 month, 2 weeks ago

Bombay High Court dismisses election petition against the victory of Congress MP Varsha Gaikwad

The Hindu  

The Bombay High Court on Wednesday dismissed an election petition filed against the victory of Mumbai North-Central Member of Parliament and Congress leader Varsha Gaikwad by her rival candidate, Asif Ali Siddiquie. Further, the non-supply of mobile recording though referred to in the petition amounts to non-compliance with Section 81 leading to dismissal of the petition under Section 86 of …

Jairam Ramesh's petition challenging tweaking of Election rules to come up for hearing Wednesday
2 months, 1 week ago

Jairam Ramesh's petition challenging tweaking of Election rules to come up for hearing Wednesday

New Indian Express  

NEW DELHI: Congress general secretary Jairam Ramesh's writ petition in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961, will come up for hearing in the apex court on Wednesday. The Congress had filed the writ petition in the Supreme Court last month challenging the recent amendments to the Conduct of Election Rules, 1961 and …

Supreme Court Issues Notice On Maneka Gandhi's Plea Challenging Election Of Samajwadi Party's Ram Bhuwal Nishad In 2024 Lok Sabha Polls
2 months, 2 weeks ago

Supreme Court Issues Notice On Maneka Gandhi's Plea Challenging Election Of Samajwadi Party's Ram Bhuwal Nishad In 2024 Lok Sabha Polls

Live Law  

The Supreme Court today issued notice on senior BJP leader Maneka Gandhi's plea challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency. Issuing notice on the appeal, arising out of an Allahabad High Court judgment which dismissed Gandhi's election petition as barred by limitation, the Court gave 4 week's time to respondent-Ram Bhuwal …

BJP leaders' poll plea against leader of Sharad Pawar's party rejected
2 months, 3 weeks ago

BJP leaders' poll plea against leader of Sharad Pawar's party rejected

India Today  

The Bombay High Court has dismissed an election petition filed challenging the election results of the Pune Division Graduates' Constituency held in 2020, alleging irregularities in the preparation of the electoral roll, online voter registration beyond permissible timelines, and misrepresentation in the affidavit submitted by the winning candidate, NCP SP's Arun Ganpati Lad. Deshmukh's main grievance was that the Election …

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
3 months ago

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly. He claimed that only the DCVC formed under the Karnataka Scheduled Castes Scheduled Tribes and …

Bombay High Court Upholds Election Of Shiv Sena Shinde Faction's Ravindra Waikar To Lok Sabha From Mumbai
3 months ago

Bombay High Court Upholds Election Of Shiv Sena Shinde Faction's Ravindra Waikar To Lok Sabha From Mumbai

Live Law  

The Bombay High Court on Thursday dismissed the election petition filed by Amol Kirtikar, a candidate from Uddhav Thackeray faction, who had challenged the election of Ravindra Waikar, a leader from Eknath Shinde faction, to the 18th Lok Sabha from Mumbai North-West constituency.Single-judge Justice Sandeep Marne held that Kirtikar failed to establish how the alleged acts on part of the. …

Court dismisses Uddhav Sena leader's plea against Mahayuti MP's Lok Sabha win
Trending News
3 months, 1 week ago

Court dismisses Uddhav Sena leader's plea against Mahayuti MP's Lok Sabha win

India Today  

The Bombay High Court on Thursday dismissed a petition filed by Shiv Sena leader Amol Kirtikar challenging the victory of rival Shiv Sena MP Ravindra Waikar in the Lok Sabha elections. Kirtikar had lost to Waikar of Eknath Shinde's Shiv Sena in the Mumbai North-West constituency by a narrow margin of 48 votes in the parliamentary elections held earlier this …

Bombay High Court reserves order on election petition against Shiv Sena MP
4 months, 1 week ago

Bombay High Court reserves order on election petition against Shiv Sena MP

India Today  

The Bombay High Court on Monday reserved its order on an election petition filed by Shahaji N Thorat, a taxi driver who contested the recent parliamentary elections and lost the Mumbai Northeast seat to Shiv Sena candidate Sanjay Dina Patil. Thorat initially filed the petition against the Election Commission and Patil, later seeking to amend it to include all candidates …

Supreme Court stays proceedings on election petition against AAP's Durgesh Pathak
4 months, 1 week ago

Supreme Court stays proceedings on election petition against AAP's Durgesh Pathak

India Today  

The Supreme Court on Thursday issued a notice on a plea filed by Aam Aadmi Party leader Durgesh Pathak, in which he sought quashing of an election petition that challenged his victory in the 2022 Delhi Assembly bypoll. Providing relief to the AAP MLA from Delhi's Rajinder Nagar, the court also, in the interim, stayed further proceedings in the election …

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination
Trending News
4 months, 2 weeks ago

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

Live Law  

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant …

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
6 months, 1 week ago

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court

Live Law  

In a setback to Manipur BJP MLA Kimneo Haokip Hanghing, the Supreme Court yesterday refused to allow her petition seeking rejection of the Election Petition under Order 7 Rule 11 Civil Procedure Code pending against her before the Manipur High Court. Reference was made to the decision of Thangjam Arunkumar vs Yumkham Erabot Singh, 2023 LiveLaw 705 where the Court …

Bombay High Court directs Shinde faction MP Ravindra Waikar to respond to plea challenging his Lok Sabha win
6 months, 3 weeks ago

Bombay High Court directs Shinde faction MP Ravindra Waikar to respond to plea challenging his Lok Sabha win

The Hindu  

The Bombay High Court on Monday sought a response from Eknath Shinde faction Shiv Sena Member of Parliament, Ravindra Waikar directing him to submit an affidavit responding to a petition filed by Shiv Sena faction’s Amol Kirtikar. Mr. Kirtikar has challenged Mr. Waikar’s election as an MP from the Mumbai North West constituency in the recently held Lok Sabha polls …

HC dismisses Maneka’s election petition on ground of delay
7 months, 1 week ago

HC dismisses Maneka’s election petition on ground of delay

Hindustan Times  

LUCKNOW The Lucknow bench of the Allahabad high court on Wednesday dismissed the petition filed by former BJP MP from Sultanpur Maneka Gandhi challenging the election of Samajwadi Party MP Rambhual Nishad on the ground of delay in filing. In the petition filed on July 27, Gandhi pointed out that out of 12 criminal cases, Nishad only mentioned eight in …

Maneka’s plea against Sultanpur MP’s election: Allahabad HC reserves order on maintainability
7 months, 2 weeks ago

Maneka’s plea against Sultanpur MP’s election: Allahabad HC reserves order on maintainability

Hindustan Times  

The Lucknow bench of the Allahabad high court on Monday reserved its order on the maintainability of the petition filed by former BJP MP from Sultanpur Maneka Gandhi challenging the election of Samajwadi Party MP Rambhual Nishad. Nishad’s election was challenged on the grounds of not disclosing all the pending criminal cases against him at the time of filing his …

Bombay HC issues summons to newly elected Shiv Sena MP Ravindra Waikar on election plea filed by Amol Kirtikar
7 months, 3 weeks ago

Bombay HC issues summons to newly elected Shiv Sena MP Ravindra Waikar on election plea filed by Amol Kirtikar

The Hindu  

The Bombay High Court on July 29 issued summons to newly elected Shiv Sena MP Ravindra Waikar on an election petition filed by Shiv Sena candidate Amol Kirtikar challenging Mr. Waikar’s election from the Mumbai North-West constituency in the Lok Sabha 2024 election. Advocate Amit Karande, representing Mr. Kirtikar, stated in the petition, “The high-handed hastiness and palpable arbitrariness on …

Lok Sabha Elections : Supreme Court Refuses To Entertain Plea Challenging Rejection Of Independent Candidate's Nomination
9 months, 3 weeks ago

Lok Sabha Elections : Supreme Court Refuses To Entertain Plea Challenging Rejection Of Independent Candidate's Nomination

Live Law  

The Supreme Court refused to entertain the petition filed by Abhishek Dangi challenging his rejection of nomination from Jehanabad Constituency as an independent candidate in the Lok Sabha Elections 2024. The bench of Justices Sanjay Karol and Aravind Kumar was hearing a Special Leave Petition challenging the Patna High Court's order that had dismissed the Writ petition filed by him. …

Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court
10 months, 2 weeks ago

Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer …

Supreme Court Rejects Congress MLA K Babu's Objections To Maintainability Of Election Petition Filed By CPI(M) Leader M Swaraj
1 year, 1 month ago

Supreme Court Rejects Congress MLA K Babu's Objections To Maintainability Of Election Petition Filed By CPI(M) Leader M Swaraj

Live Law  

The Supreme Court on Monday dismissed the petition filed by K Babu, Congress MLA from Kerala, challenging the maintainability of the election petition filed by CPI leader M Swaraj in the Kerala High Court challenging the former's election from Thrippunithura constituency in the 2021 assembly elections.Babu had approached the Supreme Court challenging the Kerala High Court's. The Supreme Court on …

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court
1 year, 1 month ago

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court

Live Law  

The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition. "Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the …

Two MLAs Had Dubious Exits from the second Assembly
1 year, 5 months ago

Two MLAs Had Dubious Exits from the second Assembly

Deccan Chronicle  

Hyderabad: For the first time in the history of the Legislative Assembly of the undivided Andhra Pradesh and Telangana, two MLAs were declared disqualified by the High Court and prohibited from continuing as members of the Telangana Legislative Assembly. The Telangana High Court had set aside the election of two BRS MLAs, Vanama Venkateswara Rao, representing Kothagudem Assembly constituency and …

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna
1 year, 6 months ago

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna

Live Law  

The Supreme Court on Monday, as an interim direction, stayed the judgement of the Karnataka High Court which set aside the election of Janata Dal Prajwal Revanna as a Member of Parliament from Hassan Parliamentary constituency in 2019 Lok Sabha elections, for filing a false election affidavit. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra …

Supreme Court Refuses To Stay Kerala HC Proceedings In Petition Challenging Election Of Congress MLA K Babu
1 year, 6 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 …

Karnataka High Court Disqualifies JD(S) MP Prajwal Revanna Citing Irregularities In Election Affidavit
1 year, 6 months ago

Karnataka High Court Disqualifies JD(S) MP Prajwal Revanna Citing Irregularities In Election Affidavit

Live Law  

The Karnataka High Court on Friday declared the election of MP Prajwal Revanna of the Janatha Dal Secular Party as null and void for filing false information in his election affidavit.Justice K Natarajan while pronouncing the order said, “Both the Election petitions are allowed in part. The Karnataka High Court on Friday declared the election of MP Prajwal Revanna of …

Vanama Rao Approaches HC, Seeks 30-Day Suspension of Judgement
1 year, 7 months ago

Vanama Rao Approaches HC, Seeks 30-Day Suspension of Judgement

Deccan Chronicle  

HYDERABAD: Disqualified Kothagudem MLA Vanama Venkateswara Rao on Wednesday filed an interim application before the High Court seeking a direction to suspend the July 25 judgment, declaring his election as void and invalid. Vanama Rao urged the court to suspend the order for 30 days, as he intends to file an appeal against the order of the High Court before …

Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'
1 year, 9 months ago

Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'

Live Law  

A Calcutta High Court division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta, on Monday, took exception to the fact that a Public Interest Litigation filed by “independent voters” may have been politically motivated. The voters had complained that the unopposed elections of ruling-party candidates from their block, while stopping the nomination of rival “prospective candidates” took away …

Big Relief To Kanimozhi; SC Dismisses Plea Challenging Election Of DMK MP In 2019 LS Polls
1 year, 10 months ago

Big Relief To Kanimozhi; SC Dismisses Plea Challenging Election Of DMK MP In 2019 LS Polls

News 18  

In a big relief to Dravida Munnetra Kazhakam MP Kanimozhi, the Supreme Court on Thursday dismissed the election petition which has been filed in the Madras High Court challenging her election in the 2019 Lok Sabha polls. A Bench of Justices Ajay Rastogi and Bela Trivedi allowed the DMK leaders’ appeal challenging the Madras High Court’s refusal to dismiss election …

WB panchayat polls: SC dismisses Adhikari's plea against Calcutta HC order
1 year, 11 months ago

WB panchayat polls: SC dismisses Adhikari's plea against Calcutta HC order

Hindustan Times  

The Supreme Court Thursday dismissed an appeal filed by BJP leader Suvendu Adhikari challenging an order of the Calcutta High Court declining to interfere with the West Bengal panchayat poll process. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala asked how can it stop elections midway when it is already scheduled. The Calcutta High Court …

Can't Cure Defect Of Non-Filing Of An Affidavit Supporting Election Plea At Filing Stage By Filing A Subsequent Affidavit: Allahabad HC
2 years, 1 month ago

Can't Cure Defect Of Non-Filing Of An Affidavit Supporting Election Plea At Filing Stage By Filing A Subsequent Affidavit: Allahabad HC

Live Law  

The Allahabad High Court has observed that the defect of non-filing an affidavit in support of an election petition at the stage of filing of an election petition cannot be cured by way of filing the subsequent affidavit. The Court concluded that the Election Tribunal had rightly rejected the election petition at a preliminary stage for the non-compliance of a …

Supreme Court Dismisses Petition Challenging Rahul Gandhi's Election From Wayanad In 2019 Lok Sabha Elections
2 years, 3 months ago

Supreme Court Dismisses Petition Challenging Rahul Gandhi's Election From Wayanad In 2019 Lok Sabha Elections

Live Law  

The Supreme Court on Friday dismissed a petition challenging the election of Congress leader Rahul Gandhi from Wayanad constituency in the 2019 Lok Sabha elections.A bench comprising Justices AS Bopanna and Dipankar Dutta dismissed the petition filed by Saritha Nair, an accused in the high profile solar scam case, whose nomination to contest from Wayanad seat was rejected. The Supreme …

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 …

Presidential election disputes to be decided by Supreme Court, says Delhi High Court
2 years, 8 months ago

Presidential election disputes to be decided by Supreme Court, says Delhi High Court

Firstpost  

The court also said that the remedy in relation to a Presidential election was in the form of an election petition, and not a writ petition, after declaration of the result New Delhi: All doubts and disputes arising from the election of the President or Vice President can only be inquired and decided by the Supreme Court, the Delhi High …

Challenge To Presidential Election Can Be Heard Exclusively By Supreme Court: Delhi High Court
2 years, 8 months ago

Challenge To Presidential Election Can Be Heard Exclusively By Supreme Court: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a petition challenging Presidential election can only be decided by the Supreme Court.Justice Sanjeev Narula observed that the only remedy in relation to a Presidential election can be by way of an election petition after declaration of the result. The Delhi High Court has recently observed that a petition challenging Presidential election …

"Private Interest Litigation": Madras High Court Dismisses Petition Seeking Enquiry Into Water Users Association Elections
2 years, 9 months ago

"Private Interest Litigation": Madras High Court Dismisses Petition Seeking Enquiry Into Water Users Association Elections

Live Law  

The Madras High Court on Wednesday dismissed a petition filed one Sukumar for forming an Investigation Team under the head of a retired High Court Judge for inquiring into the alleged irregularities committed by the Election officer cum Revenue Divisional officer while conducting the elections to the Water User Association.While dismissing the petition, the bench of Chief Justice Munishwar. The …

Karnataka Municipalities Act | Contesting Candidates Must Lodge Accounts Of Electoral Expenses With Returning Officer In 30 Days Of Result: High Court
2 years, 9 months ago

Karnataka Municipalities Act | Contesting Candidates Must Lodge Accounts Of Electoral Expenses With Returning Officer In 30 Days Of Result: High Court

Live Law  

The Karnataka High Court has upheld the order of State Election Commission, disqualifying four persons from continuing as the elected members of Municipality over their failure to lodge a true and correct account of electoral expenditure with the Returning Officer within prescribed time.In doing so, a division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi upheld …

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 …

Breaking: Madras High Court Rejects Election Petition Challenging Udhayanidhi Stalin's Victory
2 years, 10 months ago

Breaking: Madras High Court Rejects Election Petition Challenging Udhayanidhi Stalin's Victory

Live Law  

Madras High Court on Thursday allowed a petition filed by Actor and Chepauk-Thiruvallikeni MLA Udayanidhi Stalin to reject an election petition filed by one R. Premalatha challenging his victory in the 2021 elections. Justice V Bharatidasan while passing the orders observed that Udayanidhi Stalin had given details regarding the 22 criminal cases pending against him and that there was no …

SC adjourns Suvendu Adhikari's plea seeking transfer of Mamata Banerjee's election petition from Calcutta HC
3 years, 2 months ago

SC adjourns Suvendu Adhikari's plea seeking transfer of Mamata Banerjee's election petition from Calcutta HC

Firstpost  

The Supreme Court on Monday adjourned the plea of BJP leader Suvendu Adhikari seeking transfer of West Bengal Chief Minister Mamata Banerjee’s petition challenging his election from Nandigram constituency outside the state, for two weeks New Delhi: The Supreme Court on Monday adjourned the plea of BJP leader Suvendu Adhikari seeking transfer of West Bengal Chief Minister Mamata Banerjee’s petition …

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 4 months ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

'Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections
3 years, 6 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 …

Nandigram Election Results : Calcutta High Court Notice To Suvendu Adhikari In Mamata Banerjee's Petition
3 years, 8 months ago

Nandigram Election Results : Calcutta High Court Notice To Suvendu Adhikari In Mamata Banerjee's Petition

Live Law  

The Calcutta High Court on Wednesday issued notice on the election petition filed by West Bengal Chief Minister Mamata Banerjee challenging the election of Suvendu Adhikari @SuvenduWB from Nandigram.Justice Shampa Sarkar issued notice to Suvendu Adhikari, the elected candidate of BJP and directed that the records and papers in relation to the election be preserved during the pendency of. The …

Legislative Intent Is To Complete Rajya Sabha Election Process Before Members' Retirement : Kerala High Court
3 years, 11 months ago

Legislative Intent Is To Complete Rajya Sabha Election Process Before Members' Retirement : Kerala High Court

Live Law  

Pronouncing judgment on petitions challenging the ECI's decision to keep in abeyance the elections that were initially slated for April 12, the Kerala High Court has emphasized that the election to RajyaSabha seats is to be conducted before the retirement of members. "The fact that it is upto the Commission to fix the schedule of election would not mean that …

Karnataka High Court Refuses To Entertain Plea To Allow All Senior Citizens To Cast Vote Through Postal Ballots
4 years ago

Karnataka High Court Refuses To Entertain Plea To Allow All Senior Citizens To Cast Vote Through Postal Ballots

Live Law  

The Karnataka High Court on Tuesday refused to entertain a plea which sought to permit all senior citizens to cast vote through postal ballots.A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj, while dismissing the PIL filed by Advocate Ramesh Naik L, said "It is not for the writ court to issue a mandamus directing that all …

Howsoever Erroneous Rejection Of Nomination Is, Judicial Intervention Not Contemplated At Intermediate Stage Of Election: Kerala High Court
4 years ago

Howsoever Erroneous Rejection Of Nomination Is, Judicial Intervention Not Contemplated At Intermediate Stage Of Election: Kerala High Court

Live Law  

The Kerala High Court has iterated the legal position that the High Court cannot exercise its power under Article 226 to interfere with questions relating to the acceptance or rejection of nomination papers.In its detailed order rejecting writ petitions moved by various candidates for this year's Kerala Legislative Assembly elections challenging the rejection of their nomination papers, the. The Kerala …

Kerala High Court To Consider BJP Candidates' Challenge Against Rejection Of Election Nominations Tomorrow
4 years ago

Kerala High Court To Consider BJP Candidates' Challenge Against Rejection Of Election Nominations Tomorrow

Live Law  

In a special sitting held on Sunday afternoon, the Kerala High Court sought the response of the Election Commission of India to the petitions filed by two BJP candidates challenging the rejection of their election nominations in Thalassery and Guruvayoor constituencies for the upcoming assembly elections.A single bench of Justice N Nagersh has asked the ECI to file its counter-affidavit. …

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