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 or lack. 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. "However, when the election of a returned candidate is put under challenge specifically for the ground of S.100, for any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, then also the Election Petition shall contain a concise statement of the material facts on which the petitioner relies as mandated under Section 83 of the R.P Act with sufficient pleading highlighting the non-compliance with the provisions of the Constitution or of the R.P Act or of any rules or orders under the R.P Act," the court added. Rejecting the argument, the court said the `Guidelines for voting through postal ballot by absentee voters in the category of senior citizens, PwDs and Covid-19 suspect or affected persons' shall have to be read as guidelines in the form of Rules issued by the Election Commission of India by invoking powers under Article 324 of the Constitution of India within the ambit of Section 100 of the R.P Act.

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History of this topic

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

Madras High Court allows Election Commission to inquire into AIADMK leadership dispute
1 month, 2 weeks ago

Madras High Court allows Election Commission to inquire into AIADMK leadership dispute

The Hindu  

The Madras High Court on Wednesday permitted the Election Commission of India to find out if there were rival groups staking claim over the AIADMK, and decide which of those groups was actually entitled to be recognised as the political party. Third Division Bench of Justices R. Subramanian and G. Arul Murugan held that the ECI could not be prevented …

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 …

Respondent In Election Petition Cannot Be Made Petitioner Over Claims Of Collusion Between Election Petitioner & Successful Candidate: Karnataka HC
2 months, 2 weeks ago

Respondent In Election Petition Cannot Be Made Petitioner Over Claims Of Collusion Between Election Petitioner & Successful Candidate: Karnataka HC

Live Law  

The Karnataka High Court has held that a respondent in an election petition cannot seek for transposition as a petitioner claiming that there is a collusion between the Election petitioner and the successful candidate or any other ground. It said “The petitioner in the present case being a respondent and not having independently challenged the election of respondent No.2 could …

MVA candidates file pleas against five MLAs on grounds of election malpractice
2 months, 2 weeks ago

MVA candidates file pleas against five MLAs on grounds of election malpractice

The Hindu  

Five candidates who contested Maharashtra elections from the Maha Vikas Aghadi filed petitions against the winners in the corresponding seats on grounds of election malpractices. The candidates of MVA who contested and lost Bhosari, Hadapsar, Solapur North, Ovala Majiwada, and Airoli filed petitions against the winners on grounds of elections offences ranging from feeding incorrect information in VVPAT, selective checking …

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 …

Supreme Court junks Karnataka Congress MLA's plea over 'vague' election win claim
2 months, 3 weeks ago

Supreme Court junks Karnataka Congress MLA's plea over 'vague' election win claim

India Today  

The Supreme Court on Friday dismissed a plea by Karnataka Congress MLA TD Rajegowda, who sought to challenge an election petition filed by BJP leader DN Jeevaraja over his 2023 poll win. The BJP leader subsequently filed an election petition in the Karnataka High Court, alleging irregularities, including the use of black money, to influence the outcome. Rajegowda approached the …

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 …

Punjab Govt Defers Civic Body Polls In Certain Wards After Plea Before HC Alleges Snatching Of Nomination Papers In Front Of Police
3 months, 1 week ago

Punjab Govt Defers Civic Body Polls In Certain Wards After Plea Before HC Alleges Snatching Of Nomination Papers In Front Of Police

Live Law  

The Punjab Government today deferred the Municipal Corporation elections in certain wards of Patiala and Dharamkot district after a plea before the Punjab and Haryana High Court was filed alleging snatching of nomination papers in front of police. Justice Harkesh Manuja noted that, “It has also been assured by learned Advocate General, Punjab, that proceedings in accordance with law shall …

BJP MP Narayan Rane seeks dismissal of Sena (UBT) leader’s election petition
3 months, 2 weeks ago

BJP MP Narayan Rane seeks dismissal of Sena (UBT) leader’s election petition

The Hindu  

BJP Member of Parliament Narayan Rane has filed an application in Bombay High Court seeking dismissal of an election petition filed by Shiv Sena leader Vinayak Bhaurao Raut against Mr. Rane’s victory from the Ratnagiri-Sindhudurg Lok Sabha constituency. On August 16, 2024, the High Court issued summons to Mr. Rane, the Election Commission and others after hearing an election petition …

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha
3 months, 2 weeks ago

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha

Live Law  

The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. Therefore, in the absence of material facts regarding non-furnishing of complete particulars in Form 26, the charge is unsustainable.” The Court further …

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 …

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, 2 weeks 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 …

Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly
4 months, 2 weeks ago

Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly

Live Law  

The Supreme Court recently stayed further proceedings in an election petition filed by Congress' Mohammed Azharuddin challenging the election of BRS leader Maganti Gopinath from Jubilee Hills constituency in 2023 Telangana Assembly elections.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on Gopinath's plea challenging. The Supreme Court recently stayed further proceedings in an …

[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 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 …

Singhvi’s petition challenging Rajya Sabha elections in Himachal Pradesh maintainable: HC
6 months, 1 week ago

Singhvi’s petition challenging Rajya Sabha elections in Himachal Pradesh maintainable: HC

The Hindu  

In a setback for the BJP Rajya Sabha MP from Himachal Pradesh, Harsh Mahajan, the HP High Court on Monday upheld the maintainability of the petition filed by Congress RS MP from Telangana and senior advocate Abhishek Manu Singhvi challenging the RS election results in the State. Procedural ‘mistake’ Mr. Singhvi’s loss came as a major embarrassment for the ruling …

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
6 months, 2 weeks 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 …

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
6 months, 2 weeks ago

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP

Live Law  

The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.A candidate from the Vanchit Bahujan Aghadi had challenged Kalge's election on the ground that he fraudulently won the election by claiming to be belonging to the 'Mala Jangam' case …

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 …

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 …

Bombay High Court Dismisses Plea Challenging Election Of BJP Leaders Raosaheb Danve, Pritam Munde In 2019 Lok Sabha Polls
8 months, 2 weeks ago

Bombay High Court Dismisses Plea Challenging Election Of BJP Leaders Raosaheb Danve, Pritam Munde In 2019 Lok Sabha Polls

Live Law  

The Aurangabad Bench of the Bombay High Court recently rejected the election petitions challenging the elections of Bharatiya Janata Party leaders Raosaheb Danve and Pritam Munde in the 2019 Lok Sabha elections. Single-judge Justice Sanjay Mehare noted that the prime contention in the two election petitions against Danve and Munde was that the two leaders in connivance with the respective …

Can Voters Approach SEC Seeking Disqualification Of Elected Members U/S 4 Of Local Authorities (Prohibition Of Defection) Act: Kerala HC To Consider
8 months, 3 weeks ago

Can Voters Approach SEC Seeking Disqualification Of Elected Members U/S 4 Of Local Authorities (Prohibition Of Defection) Act: Kerala HC To Consider

Live Law  

A plea has been moved before the Kerala High Court challenging Section 4 of the Kerala Local Authorities Act, 1999 to the extent to which it excludes voters from filing petitions before the State Election Commission for disqualification of an elected member on the grounds of defection. The State Election Commission stated that a petition for disqualification can only be …

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, 3 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 …

2021 TN Assembly Elections | Madras High Court Orders Recounting Of 605 Rejected Postal Ballot Votes In Krishnagiri Constituency
1 year ago

2021 TN Assembly Elections | Madras High Court Orders Recounting Of 605 Rejected Postal Ballot Votes In Krishnagiri Constituency

Live Law  

The Madras High Court has ordered the recounting of 605 postal ballot votes which were rejected without assigning proper reasons in the Krishnagiri constituency during the 2021 Tamil Nadu Legislative Assembly. Justice PT Asha directed the Registrar General of Madras High Court to name any of the Registrars to supervise the counting of the postal ballot votes and submit a …

Andhra Pradesh High Court Rejects Plea For Breath Analyzers At Polling Stations
1 year ago

Andhra Pradesh High Court Rejects Plea For Breath Analyzers At Polling Stations

Live Law  

A Public Interest Litigation filed in the Andhra Pradesh High Court seeking mandatory Breath analyzers at polling booths was dismissed recently. The petitioner filed the PIL challenging the inaction of the Election Commission of India on the representation sent by the Petitioner in January of 2024, seeking the arrangement of a Breath-Analyzer at the Entry Point/Queue being maintained at every …

Use Of Lord Ayyappa's Pictures In Voting Slips | Supreme Court Upholds Kerala HC Finding That Petition Challenging K Babu's Election Is Triable
1 year, 1 month 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 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 …

Disputed Question Of Fact Cannot Be Adjudicated On In A Writ Petition: Madras High Court Declines To Interfere With Election Of MPs/MLAs
1 year, 2 months ago

Disputed Question Of Fact Cannot Be Adjudicated On In A Writ Petition: Madras High Court Declines To Interfere With Election Of MPs/MLAs

Live Law  

The Madras High Court recently refused to interfere with the election of some MPs and MLAs noting that the issue involved disputed questions of fact which could not be looked into in a writ petition. “In the present case, the disputed questions of fact exist as to whether these persons are members of two political parties or one and at …

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission
1 year, 3 months ago

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission

Live Law  

The Karnataka High Court has directed the State Election Commission and other Agencies associated with the election process to implement directions given by the Apex Court pertaining to providing a form in which the contesting candidates are to declare their involvement in pending criminal cases, if any. The petitioner's election had been annulled by the Election Tribunal on the ground …

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 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 …

Election Petition Against Srinivas Goud: HC Summons Officials, Bankers
1 year, 6 months ago

Election Petition Against Srinivas Goud: HC Summons Officials, Bankers

Deccan Chronicle  

HYDERABAD: In a step aimed at concluding the election petition filed against minister V. Srinivas Goud, elected from the Mahbubnagar Assembly constituency in 2018, the Telangana High Court has summoned all officials to produce evidence, against complaints that he had suppressed facts while filing his election affidavit. Justice M. Laxman directed the sub-registrar of stamps and registration in Mahbubnagar; manager …

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 …

Telangana High Court Disqualifies BRS MLA Vanama Rao
1 year, 8 months ago

Telangana High Court Disqualifies BRS MLA Vanama Rao

Deccan Chronicle  

Hyderabad: In a day of legal trouble for elected representatives from the Bharata Rashtra Samiti, the Telangana High Court struck down the election of Kothagudem MLA Vanama Venkateswara Rao and declared his defeated rival, Jalagam Venkat Rao, elected. In another case, the Supreme Court allowed the Telangana High Court to hear a petition filed challenging the election of Zaheerabad MP …

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 …

Lok Ayukta Cannot Investigate Matters Relating To Selection Of Candidates By Political Parties: Kerala High Court
1 year, 11 months ago

Lok Ayukta Cannot Investigate Matters Relating To Selection Of Candidates By Political Parties: Kerala High Court

Live Law  

The Kerala High Court recently held that the Kerala Lok Ayukta cannot investigate into matters relating to selection of candidates by political parties for contesting election. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman while considering a petition filed by the State Secretary of Communist Party of India, Pannyan Raveendran, challenging the order of the Kerala …

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 …

Petition against SC action on HCA elections to be heard in High Court
2 years, 1 month ago

Petition against SC action on HCA elections to be heard in High Court

Deccan Chronicle  

Hyderabad: Former HCA presidents Shivlal Yadav and Arshad Ayub and former secretary G. Vinod on Tuesday filed a petition in the High Court challenging a letter issued by Vanka Pratap, member of the Supreme Court-appointed Supervisory Committee, dated December 16. It had declared as invalid a resolution by HCA members at a meeting on December 11 appointing V. Sampath Kumar, …

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 …

Rajasthan HC Dismisses PIL Seeking To Restrain Political Parties, Electoral Candidates From Visiting Religious Places During Election Campaigns
2 years, 5 months ago

Rajasthan HC Dismisses PIL Seeking To Restrain Political Parties, Electoral Candidates From Visiting Religious Places During Election Campaigns

Live Law  

The Rajasthan High Court has dismissed a public interest litigation which sought directions from the court to restrain candidates from visiting religious places during election campaigns.The petitioner prayed for issuance of directions to all the political parties and the candidates contesting elections to not use caste or religion for the purposes of election and not to visit religious. The Rajasthan …

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 …

Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court Answers
2 years, 7 months ago

Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court Answers

Live Law  

The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with. "When the returned candidate and the contesting candidates have not exercised their right to give evidence, as provided …

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 …

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