Representation of the Peoples Act, 1951, Section 86 -- Defective verification - Defect is curable - Election petition with defective affidavit is required to be judged at the trial of an election petition but such election petition cannot be dismissed u/s 86(1) of the Act for any such defect...........
Representation of the Peoples Act, 1951, Section 123(4) -- Election petition - Publication of any statement of fact which is false, and which relates to the personal character or conduct of any candidate a corrupt practice if any such statement is reasonably calculated to prejudice the prospects of that candidate's election and if such publication has been made by a..........
Haryana Panchayati Raj Act, 1994, Section 176(h) -- Election petition - Acceptance of improper vote is one of the grounds to challenge election - As efficacious alternative remedy by way of filing election petition u/s 176 of the Act is available as such writ petition is not maintainable...........
Punjab State Election Commission Act, 1994, Section 11(j) -- Punjab Panchayat Election Rules, 1994 - Petitioner employee of Punjab Ex-servicemen Corporation, a Punjab Govt. undertaking, working as a security guard with BSNL exchange which is also a Govt. of India enterprise - Whether petitioner eligible to contest the election for the post of Panch - Section 11(j) of the..........
Punjab State Election Commission Act, 1994, Section 76, 78, Punjab Panchayati Raj Election Rules, 1994, Rule 9(1), 12 -- Election for post of Panches of Gram Panchayat - Reservation of seats for Women General Category Candidates - Appellants applied for two seats reserved for women (General Category) and were elected - Respondents No.1 and 2 who did not apply in Woman..........
Punjab State Election Commission Act, 1994, Section 77, 80 -- Election petition - Necessary parties - Election when sought to be void then all the returned candidates are required to be impleaded - In case there is claim that he or any other candidate be declared elected in place of returned candidate then all contesting candidates are also required to be impleaded -..........
Haryana Co-operative Societies Act, 1984, Section 28(2), Constitution of India, 1950, Article 243(O), 243(ZG), 329 -- Haryana Cooperative Societies Rules, 1989, Rr 27(a) & 7, Appendix-A, Part II - Election - Alternative remedy - Election to the office of Board of Directors of Co-operative Bank Ltd. - Nomination papers of petitioners rejected on ground that he is defaulter..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Limitation - Election petition has to be filed within prescribed period of limitation - If filed beyond limitation it has to be dismissed by Election Tribunal in face of S.80 of the Act under which limitation cannot be extended under any circumstance - It has to be presented by a candidate..........
Punjab State Election Commission Act, 1994, Section 76, 89, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election to the post of Sarpanch - Notice sent to Panches by Presiding Officer - Two members refused to accept notice and thus assumed to be served - Meeting held and respondent elected Sarpanch - Held, refusal does not amount to service of notice - O.5.R.17 CPC..........
Punjab State Election Commission Act, 1994, Section 74, 76 -- Appellant belonging to Scheduled Caste, filed her nomination paper in general category Panch - Appellant also paid Rs.50/- as fee not for the reason that she was contesting in Scheduled caste category but because of the reason that she belongs to Scheduled Caste - Held, a Scheduled Caste can always contest in..........
