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High Court

High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

29 Jul 2022

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

Supreme Court

Supreme Court Dismisses Election Petition on Technical Grounds Due to Absence of Mandatory Affidavit for Corrupt Practice Allegations. The High Court had allowed dismissal application under Section 86(1) of Representation of People Act, 1951, finding total non-compliance with proviso to Section 83(1) requiring Form 25 affidavit when petition alleged corrupt practices under Sections 123 and 100.

13 Dec 2021

The dispute arose from an election petition filed by the appellant, a candidate from the 16 Hassan Parliamentary Constituency in the 2019 elections, c...

Supreme Court

Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

19 Mar 2020

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

High Court

Bombay High Court Dismisses Election Petitions Challenging Zilla Parishad Election Result Due to Lack of Proper Verification. Court holds that election petition must be verified in accordance with Order 6 Rule 15 CPC and Section 83(1)(c) of the Representation of the People Act, 1951, and failure to do so renders the petition liable to be dismissed.

21 Nov 2019

The judgment concerns two writ petitions arising out of an election petition challenging the election of a member of Zilla Parishad. The petitioner in...

High Court

Bombay High Court Allows Writ Petition Challenging Election Tribunal's Order Declaring Election Void — Caste Certificate Validation by Scrutiny Committee Has Retrospective Effect. The court held that the election tribunal ought to have considered the subsequent validation of the caste certificate and that the burden of proof on the election petitioner was not discharged.

6 Oct 2016

The petitioner, Mohammed Ishak Kasim Ali Shaikh, contested the municipal election from Ward No.156 of the Mumbai Municipal Corporation, which was rese...

High Court

Bombay High Court Allows Writ Petition Challenging Election Tribunal's Order Declaring Election Void — Caste Certificate Validation by Scrutiny Committee Has Retrospective Effect, Election of OBC Candidate Upheld. The court held that the validation of a caste certificate after the election date does not invalidate the election as the validation relates back to the date of the certificate.

6 Oct 2016

The petitioner, Mohammed Ishak Kasim Ali Shaikh, contested and won the election for councillor from Ward No.156 of the Mumbai Municipal Corporation, a...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Sarpanch for Fourth Child Born After Cut-off Date Despite Child's Death. The birth of a live child after the cut-off date constitutes an increase in the number of children under Section 14(1)(j-1) of the Bombay Village Panchayats Act, 1958, and the subsequent death of the child does not attract the protection of the first proviso.

13 Jan 2012

The petitioner, Dnyaneshwar Patiram @ Ratiraj Shirbhiye, was elected as Member and Sarpanch of Gram Panchayat Wadala on 28-8-2005. Respondent No.3, Go...

High Court

Bombay High Court Dismisses Petitions Challenging Bar Council Elections and Advocate General's Ex-Officio Membership. Court upholds Advocate General's membership in Bar Council under Section 55 of Advocates Act, 1961 and dismisses allegations of electoral irregularities.

13 Dec 2006

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the composition and election of the Bar Council of Maharash...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Election of Corporators in Amravati Municipal Corporation — Petitioner Lacks Locus Standi as Voter Not on Electoral Roll.

30 Nov -0001

The petitioner, Raju S/o Ramdhan Chouthmal, filed three writ petitions (WP Nos.1313, 1314, 1315 of 2014) challenging the election of respondent corpor...

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