Delimitation Act, 2002, Section 11, Representation of the Peoples Act, 1951, Section 9(1)(b) -- Electoral roll - Change of by Election Commission - Validity - Since power of delimitation of constituencies vests with Delimitation Commission - In absence of any fresh order of delimitation - Election Commission has no power to change electoral roll for constituency...........
Representation of the Peoples Act, 1951, Section 100, 83 -- Election petition - Dismissal of - Challenge - In absence of any material facts being disclosed in petition regarding main concern of addition of colonies into particular constituency - Summary dismissal of petition was proper...........
Evidence Act, 1872, Section 58 -- Fact admitted need not be proved - Factum of residence of landlord on the back side of the premises in dispute, pleaded by landlord and admitted by tenant in written statement and tenant and his witnesses also so admitted in cross examination - There is no need to prove such fact either by ration card or identity card of Election..........
Punjab Panchayati Raj Act, 1994, Section 12(1), 13, Punjab State Election Commission Act, 1994, Section 89(1)(c), 89(1)(d), 76 -- Acceptance of nomination paper under a wrong category and rejection under correct category - Acceptance of nomination paper under wrong category materially affect the result - Such a ground is a sufficient ground for declaring the election to be..........
Punjab Panchayati Raj Act, 1994, Section 12(1), 13, Punjab State Election Commission Act, 1994, Section 89(1)(d) -- Election petition - Pleadings - Not necessary to sate the words contained in the statute as long as all the material facts are mentioned in the plaint...........
Punjab State Election Commission Act, 1994, Section 89, Representation of the Peoples Act, 1951, Section 100(1)(d) -- S.100(1)(d) of Representation of the People Act is pari materia with S.89 of Punjab State Election Commission Act...........
Punjab State Election Commission Act, 1994, Section 78, Civil Procedure Code, 1908, Order 6, Rule 15 -- Election petition - Verification - Must be done strictly in terms of O.6.R.15 CPC and it is incumbent upon the party to specifically state as to which statements made in the election petition is true to his knowledge and which is true to his belief...........
Punjab State Election Commission Act, 1994, Section 76 -- Gram Panchayat - Election of a member - Limitation to file election petition is 45 days - There is no provision for condonation of delay - Writ petition allowed to be withdrawn as it is election petition and not writ petition which is maintainable - Allowing withdrawal of writ petition with a liberty to file..........
Punjab Panchayati Raj Act, 1994, Section 208, Punjab State Election Commission Act, 1994, Section 11 -- Election of Gram Panchayat - Name of a candidate registered in voter list of two villages but he contested election from one village - Registration of name in two villages is not a disqualification - Moreover no evidence brought on record that candidate has exercised his..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegations of violation of Model Code of Conduct by the petitioner who after the announcement of State Legislative Assembly Elections increased number of seats available for admission in educational institute - Decision to add seats taken by the Board - Held, act of petitioner would not fall within the ambit..........
