Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
4 months, 1 week 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 said, “.the use of expression 'shall not be required to record evidence in full' and further giving discretion regarding sufficiency of the memorandum cannot be read as prohibition against recording of evidence at length and it cannot be said that in case instead of recording the deposition of witness by way of memorandum of evidence, if evidence of witness is at length is recorded, the said procedure would be against the provisions of Rule 85 of the Rules of 1994 and the same would stand vitiated.It cannot be said that in case instead of recording the deposition of witness by way of memorandum of evidence, if evidence of witness is at length is recorded, the said procedure would be against the provisions of Rule 85 of the Rules of 1994 and the same would stand vitiated.” It further said, "The language of provision, providing for recording of memorandum only and providing for discretion regarding the sufficiency, makes the provision as enabling and not prohibitory. It was argued on behalf of the petitioner that the application was allowed by the Election Tribunal in complete disregard to Rule 85 of the Rules which made it amply clear that only the Tribunal could record evidence in the matter. Rejecting the arguments put forth by the counsel for the petitioner, the Court said, "Having perused Rule 85 of the Rules of 1994, in the opinion of this Court, the phrase “in so far as it can be made applicable” indicates that while deciding an election petition, the Election Tribunal shall have the discretion to determine the applicability of CPC to the case and the procedure provided under CPC shall not apply to the case automatically.

High Court Court Witness Election Rules Tribunal Cpc Rule Shall Recording Evidence Rule 85 Of The Rules Of 1994 Election Tribunal Rule 85 Of The Rules  recording  evidence  high  election  witness  raj  85  panchayati  enabling  rajasthan  rule  tribunals  court  tribunal  rules  shall

History of this topic

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC
1 month ago

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC

Live Law  

While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8 of the Rajasthan Panchayati Raj Rules, 2011 was not necessarily pre-facto and was fulfilled even if the consent was taken post-facto. “No doubt, …

Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records
1 month, 2 weeks ago

Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records

Live Law  

The Supreme issued notice to the Union Government and the Election Commission of India in a petition challenging the amendments to the Conduct of Elections Rules, 1961 which seeks to restrict people's right to access election related records. The bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar issued notice in the petition tagged it with the similarly pending challenge …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Whether Local Commissioner Appointed By Court Is Witness Of Any Party? Punjab & Haryana High Court Explains
2 months, 1 week ago

Whether Local Commissioner Appointed By Court Is Witness Of Any Party? Punjab & Haryana High Court Explains

Live Law  

The Punjab and Haryana High Court has made it clear that Local Commissioner is not a witness of any party and the discretion lies with the Executing Court to permit or refuse to examine the Commissioner. Justice Deepak Gupta said "the Local Commissioner appointed by the Court is not a witness for any of the party. "Merely on the asking …

Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court
2 months, 2 weeks ago

Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court, in a recent judgment while setting aside a trial court order appointing a survey commissioner, ruled that the order failed to establish the necessity for local investigation under Order XXVI Rule 9 of the Code of Civil Procedure and lacked sufficient reasoning. The High Court cited the Apex Court's precedent in Saraswathy vs. Viswanathan, ruling, while …

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
2 months, 2 weeks 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 …

‘Integrity of electoral process fast eroding’: Congress moves SC against recent poll rules amendment
Trending News
2 months, 3 weeks ago

‘Integrity of electoral process fast eroding’: Congress moves SC against recent poll rules amendment

Hindustan Times  

The Congress on Tuesday approached the Supreme Court with a petition challenging the Election Commission of India's recent amendments to rules linked to electronic documents, including inspection of CCTV footage, webcasting recordings and video footage of candidates. AICC general secretary Jairam Ramesh, who filed the petition, said, "The integrity of the electoral process is fast eroding. "A writ has just …

Congress files plea in Supreme Court against amendments to election rules
Top News
2 months, 3 weeks ago

Congress files plea in Supreme Court against amendments to election rules

The Hindu  

The Congress on Tuesday filed a writ petition in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961 and expressed hope that the apex court will help restore the "fast eroding" integrity of the electoral process. The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV camera …

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

Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI
3 months, 1 week ago

Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI

Live Law  

The Punjab and Haryana High Court on Monday directed the Election Commission of India to provide required documents of Haryana Assembly Elections to Advocate Mehmood Pracha.Justice Vinod S. Bhardwaj in his order said, "Taking into the consideration the provisions of the Conduct of Election Rules, 1961, the respondents are directed to supply the copy of the requisite. The Punjab and …

Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat
3 months, 1 week ago

Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat

Live Law  

Rajasthan High Court provided relief to a successful candidate for the post of Anganwari worker, who although was declared as meritorious in the selection list in 2016, owing to inaction on part of the Gram Panchayat, did not receive any appointment letter till date. The bench of Justice Arun Monga held that the petitioner could not be made to face …

Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court
3 months, 2 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 …

'They Have To Be Given A Chance' : Supreme Court Dismisses Plea Challenging SC/ST Reservations In Punjab's Gram Panchayat Posts
3 months, 2 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 …

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates
3 months, 2 weeks ago

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit. The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against …

Punjab Panchayat Elections| Supreme Court Directs Election Tribunal To Decide Election Petitions In 6 Months
3 months, 3 weeks 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 …

[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 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 …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 1 week ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

SEC Can't Rely On Uncontroverted Statement Of One Party: Kerala HC Allows Cross-Examination Of Gram Panchayat Secy By Candidate Who Was Forced To Resign
1 year, 1 month ago

SEC Can't Rely On Uncontroverted Statement Of One Party: Kerala HC Allows Cross-Examination Of Gram Panchayat Secy By Candidate Who Was Forced To Resign

Live Law  

The Kerala High Court while allowing a plea under the Panchayati Raj Act, enumerated the need for adherence to principles of natural justice in the examination of witnesses in cases of Election matters. Justice PV Kunhikrishnan held: “it is the duty of the State Election Commission to ask the petitioner whether he intends to cross examine the Secretary who gave …

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
1 year, 3 months ago

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

Live Law  

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. Shahi, AG Mr. Vikas Kumar Counsel/s For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Counsel/s For the Petitioner/s : Mr. Awnish Kumar, Advocate Mr. S.V. Shahi, AG Mr. Vikas Kumar, A.C. to …

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 …

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 …

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud
1 year, 3 months ago

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud

Deccan Chronicle  

HYDERABAD: A division bench of Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Friday dismissed a writ petition filed by Chaluvagali Raghavendra Raju, complainant before the returning officer of Mahbubnagar, claiming that minister V. Srinivas Goud had suppressed information pertaining to an FIR registered against him in his election affidavid. A case was registered …

'Right To Contest Includes Right To Campaign' : Rajasthan High Court Quashes ED Summons To Congress Candidate Mewaram Jain
1 year, 3 months ago

'Right To Contest Includes Right To Campaign' : Rajasthan High Court Quashes ED Summons To Congress Candidate Mewaram Jain

Live Law  

The Rajasthan High Court recently quashed the summons issued by the Enforcement Directorate against Mewa Ram Jain, Congress’s candidate from Barner in the upcoming Legislative Election, holding it “not appropriate” in the circumstances. “The petitioner is a candidate contesting State Legislative Assembly Elections and in a democratic setup like ours, his right to contest in an election encompasses the right …

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process
1 year, 5 months ago

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process

Live Law  

In a significant order that has alleviated the concerns of eligible candidates, the Madhya Pradesh High Court has given strict directions to the State Public Service Commission to comply with the High Court’s judgment in Vaishali Wadhwani and Others v. The State of Madhya Pradesh. While disposing the petition filed by one of the candidates, the high court observed that …

Caste-based survey: Patna High Court rejects Bihar govt plea for early hearing
1 year, 10 months ago

Caste-based survey: Patna High Court rejects Bihar govt plea for early hearing

India TV News  

Caste-based survey: The Patna High Court taking cognizance of the interim stay on a caste-based survey in the state has rejected the Bihar government's plea seeking an early hearing. An interlocutory application was filed An interlocutory application was filed in the high court on behalf of the Bihar government earlier, the application was filed urging for an early hearing in …

Ranchi court rejects Rahul’s plea for appearance exemption
1 year, 10 months ago

Ranchi court rejects Rahul’s plea for appearance exemption

Hindustan Times  

A special court in Ranchi on Wednesday rejected Congress leader Rahul Gandhi’s plea to exempt him from personal appearance in a hearing on the “Modi surname case” in which he was convicted by a Gujarat court in March this year and subsequently disqualified as a member of the Lok Sabha. Rahul Gandhi The defamation case in Ranchi court was filed …

S.123 Representation Of People Act | Mere Allegation Without Any Cogent Documentary Evidence Does Not Constitute 'Corrupt Practise': Rajasthan High Court
1 year, 11 months ago

S.123 Representation Of People Act | Mere Allegation Without Any Cogent Documentary Evidence Does Not Constitute 'Corrupt Practise': Rajasthan High Court

Live Law  

The Rajasthan High Court while dismissing an election petition, has held that a mere allegation without any cogent documentary evidence does not constitute corrupt practice under Section 123 of the Representation of the People Act, 1951. A bench comprising Justice Vineet Kumar Mathur passed the above ruling while dismissing an election petition filed under Sections 80, 81, 100 of the …

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 …

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 …

Rajasthan HC Dismisses PIL Seeking To Restrain Political Parties, Electoral Candidates From Visiting Religious Places During Election Campaigns
2 years, 4 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 …

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court
3 years ago

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court

Live Law  

The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to …

Plea In Jharkhand High Court Challenges Its RTI Rules Asking Applicants To Provide 'Motive' Behind Seeking Info, Notice Issued
3 years ago

Plea In Jharkhand High Court Challenges Its RTI Rules Asking Applicants To Provide 'Motive' Behind Seeking Info, Notice Issued

Live Law  

The Jharkhand High Court on Tuesday issued a notice on a writ petition challenging certain provisions of the High Court's Right to Information Rules as ultra vires the Central legislation.The matter was heard by a division bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad, which sought a response from the Registrar General of High Court, directing him …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
3 years, 2 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

MP High Court Dismisses Plea Seeking Direction To Election Commission Of India To 'Rule Out Discrepancies In EVMs'
3 years, 2 months ago

MP High Court Dismisses Plea Seeking Direction To Election Commission Of India To 'Rule Out Discrepancies In EVMs'

Live Law  

The Madhya Pradesh High Court recently dismissed a plea seeking a direction to the Election Commission of India to take effective measures to rule out the discrepancies in the Electronic Voting Machines so as to conduct free and fair upcoming assembly and general elections.Essentially, the Bench of Chief Justice Ravi Malimath and Justice Vijay Kumar Shukla was hearing the plea. …

'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 …

"EC, Govt Mandates Cannot Merely Rest On Paper" : Kerala High Court Calls For Effective Compliance With COVID Norms On Poll Counting Day
3 years, 10 months ago

"EC, Govt Mandates Cannot Merely Rest On Paper" : Kerala High Court Calls For Effective Compliance With COVID Norms On Poll Counting Day

Live Law  

The Kerala High Court has, in a strongly-ordered enjoined the Election Commission of India, District Collectors, and Commissioners/Superintendents of Police to ensure effective compliance with COVID protocols on the day votes polled in the Kerala Assembly Elections are counted. Declaring that the averments presented a compelling public cause, the Court directed strict compliance with all directives issued by the State …

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 …

Howsoever Erroneous Rejection Of Nomination Is, Judicial Intervention Not Contemplated At Intermediate Stage Of Election: Kerala High Court
3 years, 11 months 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 …

Tej Bahadur Yadav Neither An Elector Nor A Candidate In Varanasi; No Locus To Challenge PM's Election: Supreme Court
4 years, 3 months ago

Tej Bahadur Yadav Neither An Elector Nor A Candidate In Varanasi; No Locus To Challenge PM's Election: Supreme Court

Live Law  

The Supreme Court on Tuesday dismissed the petition filed by Ex- BSF Jawan, Tej Bahadur Yadav, challenging the election of Prime Minister Narendra Modi from Varanasi constituency in the 2019 Lok Sabha elections. The judgement was rendered in a Special Leave Petition challenging the Allahabad High Court's dismissal of Bahadur's election petition in December 2019 on the ground of lack …

Supreme Court Issues Notice On Petitions Challenging External Affairs Minister S Jaishankar's Election to Rajya Sabha
4 years, 3 months ago

Supreme Court Issues Notice On Petitions Challenging External Affairs Minister S Jaishankar's Election to Rajya Sabha

Live Law  

The Supreme Court on Wednesday issued notices on a batch of petitions challenging the election of External Affairs Minister S Jaishankar to Rajya Sabha from Gujarat. The Gujarat High Court, on February 4, had dismissed the plea of Congress leader Gaurav Pandya against Jaishankar's election to the Rajya Sabha. The Congress leaders had moved the high court, challenging the election …

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

Reply or face action: High court to Telangana government
5 years, 10 months ago

Reply or face action: High court to Telangana government

Deccan Chronicle  

Hyderabad: The Telangana High Court has directed the state government to submit its explanation in a contempt petition filed by the Telangana State Backward Classes Welfare Association represented by its president Jajula Srinivas Goud. Mr Goud had urged the court to punish the panchayat raj and BC welfare department officials for violation of court orders. The petitioner alleged that the …

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
6 years, 5 months ago

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections

Live Law  

The Delhi High Court, on Tuesday, refused to entertain a PIL seeking directions to the Election Commission of India to frame guidelines for advertising criminal antecedents of candidates in the election campaign in compliance with the Supreme Court judgment in Public Interest Foundation v. Union Of India.The Bench comprising Chief Justice Rajendra Menon and Justice VK Rao opined that. 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, 6 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, 6 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 …

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