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

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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 upheld the dismissal of the returning candidate's Order VII Rule 11 application by the Manipur High Court in an Election Petition upon non-compliance of filing an affidavit under the proviso to Section 83. Since the Election Petition disclosed a cause of action and that there is substantial compliance with the requirements provided under provisions of RPA, therefore the Court refused to interfere with the impugned decision and held that the petition cannot be dismissed under Order VII Rule 11 CPC. "In view of the reasons stated above, we see no reason to interfere with the finding of the High Court of Manipur that the Election Petition discloses a cause of action and that there is 9 substantial compliance of the requirements provided under provisions of RPA and thus the petition cannot be dismissed under Order VII Rule 11 CPC.

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