Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Election petitioner never taken corrupt practice as a ground to challenge election of appellant - Pleadings sought to be taken by way of amendment cannot be said to be of introduction of any new cause of action or new ground of challenge - It cannot be said that ground as sought to be pleaded..........
Representation of the Peoples Act, 1951, Section 123(2), Karnataka Municipal Corporations Act, 1976, Section 35(1)(b), 39(2) -- Election petition - Corrupt practice - Suppression of information with regard to assets of husband - Election can be declared void on the ground of corrupt practice which include `undue influence' - Any false statement is a corrupt practice - Non..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Conduct of Elections Rules, 1961 -- Form 25 - Rejection of election petition - Verifying affidavit in support of election petition filed - However, Affidavit in Form 25 not filed - This is a curable defect - An opportunity must be granted to the Appellant to file an affidavit in support of petition in Form 25 in..........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Defective verification is a curable defect - Election petition cannot be thrown out in limine on ground that verification is defective...........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Imposition of punishment in two criminal cases - Petitioner disqualified u/s 8(3) of Representation of People Act, as punishment in two criminal cases imposed on him - Said disqualification will continue so long as there is no stay of conviction - Petitioner could..........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 81, 86(1) -- Rejection of election petition - Locus standi to question election petition of respondent - Appellant was neither an elector for such constituency nor he was a candidate - He has no cause of action which invest him with right to sue - Election petition at the..........
Representation of the Peoples Act, 1951, Section 9(2), 33(3) -- Election petition - Rejection of nomination papers - A person dismissed from service - It is a condition for a valid nomination of a person who has been dismissed from service that nomination paper must be accompanied by a certificate to the effect that person seeking nomination has not been dismissed for..........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Election -- Recounting of votes - Appellant/election petitioner pleaded about serious irregularities committed by officials during counting of valid votes cast in his favour and invalid votes taken into account in favour of respondent - He also examined witnesses to substantiate that fact - Appellant substantiated the allegation made in election petition - No fault can be..........
