Representation of the Peoples Act, 1951, Section 81(3) -- Election petition - When copies of documents, material relied upon in the phone has been reproduced in CD and transcription is supplied, then multiple copies of phone or chip which is kept in sealed cover is not mandated to be supplied...........
Haryana Co-operative Societies Act, 1984, Section 28, 30 -- Election - Debar from participating - In the instant case, petitioners aggrieved by action of respondents by cancelling their membership and not allowing them to participate in election though their names included in list of members - However, same issue is already decided by Coordinate bench and petition is..........
Haryana Panchayati Raj Act, 1994, Section 51, 176(4) -- Election petition - Removal of Sarpanch/respondent by civil Court as his election was set aside - Statutory appeal by respondent - In the instant case, petitioner sought direction to allow one of Panch to take rein of Panchayat for its management after removal of respondent - During pendency of appeal and in absence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Haryana Registration and Regulation of Societies Act, 2013, Section 33(2), 40, Limitation Act, 1963, Section 5 -- Election - Complaint - Limitation - Once particular time frame is provided under provisions of the Act for purpose of reference of dispute, same has to be adhered to and delay cannot be condoned - Moreover, complaint is to be filed by 1/4th members of collegium..........
Haryana Panchayati Raj Act, 1994, Section 51, 175(v) -- Removal of Sarpanch - On the ground of acquiring disqualification after election of Panchayat - Validity - Said removal cannot be challenged on the ground that only election petition can be filed on ground of such existing disqualification and contention that provisions of Ss.51, 175(v) of the Act cannot be invoked..........
Constitution of India, 1950, Article 136 -- Municipal election - Special leave petition - Maintainability - In the instant case, nomination paper and allotment of symbol was rejected - When there is existence of alternative remedy, petition under Art.136 of Constitution is not maintainable as jurisdiction under Art.136 of Constitution is purely discretionary - Petition..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Election Petition - While drafting petition an error occurred in naming one of respondent due to supply of wrong name of Polling officer/Returning officer to petitioner under Right to Information Act - No change/amendment was sought in pleadings or in..........
Punjab State Election Commission Act, 1994, Section 80, 76(2) -- Election Petition - If there was no attestation of election petition in matter as required u/S.76(2) of Act, dismissal of election petition in terms of S.80 of Act would be inescapable...........
Punjab State Election Commission Act, 1994, Section 80, 76(2) -- Election Petition - Annexures attached with election petition were integral part of averments contained in election petition and therefore documents have to be treated as part and parcel of election petition - Details of documents were legally required to be supplied to returned candidate - Simply because..........
