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

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

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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 to interfere therewith.,” Justices Aniruddha Bose and PV Sanjay Kumar. “Thereupon, the learned Judge opined, prima facie, that use of the picture of Lord Ayyappa in the slips distributed by and on behalf of the appellant constitutes a corrupt practice under Section 123 of the Act of 1951 and that the election petition, with respect to this aspect, was liable to be tried.,” the Top Court explained. In this context, it is imperative to note that Section 81 of the Act states: “ Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition….” Taking a cue from this, the Top Court observed that the appellant Babu has only argued for the non-compliance of Rule 212. Rule 212 of the Rules of 1971 introduces additional requirements prescribed by the High Court and the same cannot, by any stretch of imagination, be read into and be made part and parcel of Section 81 of the Act of 1951.” Concerning the objection about furnishing true copies, it was observed that the appellant had made a bald statement without elaborating it.

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History of this topic

Supreme Court Issues Notice on CPI(M) Leader M Swaraj's Plea Against Congress MLA K Babu's Election
6 months ago

Supreme Court Issues Notice on CPI(M) Leader M Swaraj's Plea Against Congress MLA K Babu's Election

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The Supreme Court today has issued notice in a petition filed by CPI leader and former MLA M. Swaraj against the Kerela High Court's dismissal of his petition challenging the election of Congress candidate K. Babu from Tripunithura constituency in the 2021 Kerala assembly elections. Swaraj, a candidate for the Tripunithura Assembly Constituency, had alleged that the respondent distributed election …

Supreme Court Rejects Congress MLA K Babu's Objections To Maintainability Of Election Petition Filed By CPI(M) Leader M Swaraj
10 months, 4 weeks ago

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

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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 …

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

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

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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, 4 months ago

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

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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 …

Kerala High Court Rejects Objections Against Maintainability Of Election Petition Against Muslim League MLA
2 years, 1 month ago

Kerala High Court Rejects Objections Against Maintainability Of Election Petition Against Muslim League MLA

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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 …

Kerala High Court Issues Notice To K Babu MLA On LDF Candidate M Swaraj's Challenge Against Tripunithara Election Results
3 years, 5 months ago

Kerala High Court Issues Notice To K Babu MLA On LDF Candidate M Swaraj's Challenge Against Tripunithara Election Results

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A Single Bench of the Kerala High Court comprising Justice Shircy V on Wednesday issued notice to Congress candidate K Babu in the election petition filed against him by CPI leader and former Tripunithara MLA M Swaraj.Swaraj had approached the Court last month seeking a declaration to the effect that the election of congress candidate K Babu from the Tripunithara …

CPI(M) Candidate M Swaraj Moves Kerala High Court Challenging Election Of Congress Candidate K Babu From Thripunithura Constituency
3 years, 6 months ago

CPI(M) Candidate M Swaraj Moves Kerala High Court Challenging Election Of Congress Candidate K Babu From Thripunithura Constituency

Live Law  

The CPI leader and former Tripunithara MLA M Swaraj approached Kerala High Court on Tuesday seeking declaration that election of congress candidate K Babu from the Tripunithara constituency null and void. A similar appeal to vote was also distributed door to door by the respondent and his allies through pamphlets containing a photograph of Lord Sabarimala Ayyappa along with their …

[Kerala Assembly Elections 2021] Ramesh Chennithala Moves HC Over Alleged Double Electoral Roll Entries, Bogus Voter IDs
3 years, 9 months ago

[Kerala Assembly Elections 2021] Ramesh Chennithala Moves HC Over Alleged Double Electoral Roll Entries, Bogus Voter IDs

Live Law  

Leader of Opposition in the Kerala Legislative Assembly, Ramesh Chennithala has moved the Kerala High Court alleging the existence of bogus voters and double entry of voters in the Electoral Rolls for the upcoming Kerala Assembly Elections. The petition, filed through Advocates T Asaf Ali and Laliza TY, narrates that after the Final Electoral Rolls for the 2021 Assembly Elections …

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

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

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

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

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

Live Law  

A day after the Gujarat High Court nullified his election to the State Legislative Assembly, Bhupendrasinh Chudasama, who was a minister of the Gujarat government, moved the Supreme Court challenigng the same.The Gujarat High Court's set aside his December 2017 election as void and illegal on the grounds of manipulation and malpractice. A day after the Gujarat High Court nullified …

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