Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha
Live LawThe 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 highlighted that, “so far as the allegation regarding corrupt practice of distributing liquor and cash by Satinder Singh Manta is concerned, it is also bereft of material facts. There is no such allegation so far as incurring of expenditure by the respondent is concerned; it is nowhere mentioned that he incurred or authorised incurring of expenditure beyond the limits prescribed under Section 77 of the RPA.” These observations were made while hearing the plea of one Kashmir Singh under Section 80, 80-A read with Sections 81, 100 and 101 of the Representation of the People Act, 1951 for setting aside and declaring election of Badal as void, who was elected from Firozepur Parliamentary Constituency in the 2019 Lok Sabha Elections. According to Section 83 of the RPA, an election petition shall contain a concise statement of the material facts on which the petitioner relies and shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice.