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Search Results for "election petition remedy"

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High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Section 82 of the Representation of the People Act, 1951 — Failure to Implead All Contesting Candidates is Fatal. The court held that the mandatory requirement of joining all contesting candidates cannot be cured by a subsequent application for summons, and the petition is liable to be rejected under Order VII Rule 11 CPC.

26 Nov 2024

The petitioner, Shahaji Nanai Thorat, filed an Election Petition challenging the election of Respondent No.7, Sanjay Dina Patil, from the 28-Mumbai No...

High Court

Bombay High Court Allows Writ Petition Challenging Election Authority's Order Excluding Primary Milk Societies from Voters List for Federal Society Elections. Cut-off Date for Membership Eligibility Must Be Prospective and Not Retrospective Under Maharashtra Co-operative Societies Act, 1960.

16 Jul 2021

The petitioners, two primary milk cooperative societies, were members of the respondent no.4 federal society (Pune Zillha Sahakari Dudh Utpadak Sangh ...

Supreme Court

Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

5 Aug 2019

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

High Court

High Court of Karnataka Hears Batch of Writ Petitions Challenging Constitutionality of Section 7 of Karnataka Municipal Corporations Act, 1976. The Petitions Allege That Ex-Officio Members Cannot Vote in BBMP Elections for Mayor, Deputy Mayor and Standing Committees as It Violates Article 243R of the Constitution.

27 Nov 2015

A batch of writ petitions was filed before the High Court of Karnataka at Bengaluru challenging the constitutional validity of Section 7 of the Karnat...

Supreme Court

Supreme Court Refers Matter to Three Judge Bench Due to Conflicting Views on SLP Maintainability in Election Petition. Division Bench Differed on Whether an Alternative Appeal Under Section 116A of the Representation of the People Act, 1951 Barred the Special Leave Petition Under Article 136 of the Constitution, and on Pleading Requirement for Material Effect on Election Result.

18 Oct 2012

This case involved an election dispute appealed to the Supreme Court against the dismissal of election petitions by the High Court of Judicature at Bo...

High Court

Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

24 Aug 2010

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

High Court

Bombay High Court Dismisses Writ Petition Challenging Election of Corporators in Pune Municipal Corporation for Lack of Material to Prove Corrupt Practice. Allegations of impersonation and false affidavits not substantiated; election petition remedy available under BPMC Act.

30 Nov -0001

The petitioner, Shri Vijay Waman Deshmukh, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondent...

High Court

Bombay High Court Dismisses Petitions Challenging Gram Panchayat Election Process for Non-Compliance with Pre-Election Deposit Requirement. Petitioners failed to deposit required amount under Rule 7(2) of Maharashtra Gram Panchayat (Election) Rules, 2014, leading to rejection of nomination papers.

30 Nov -0001

The petitioners, residents of Khuneshwar village in Solapur district, filed two writ petitions challenging the election process for the Gram Panchayat...

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