Ch Election Void Reply

Section 86 of the Representation of the People Act, 1951, as the election petition has to be filed under Section 81 (1) of the Act within 45 days from the date of election of the returned candidate.

Section 86 in The Representation of the People Act, 1951
1[86. Trial of election petitions.—
(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117. Explanation.—An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.
(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.
(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.
(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent. Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.
(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.
(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial.]
Section 83(1) in The Representation of the People Act, 1951
(1) An election petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings: 2[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

under CPC the petition has not been verified as required under Order 5 Rule 15 of CPC and hence the same is required to be dismissed.

123 (1A) (b), 123 (2) and 123 (7) of the Act, the allegations if read in the right perspective would show that the allegations do not constitute corrupt practices as provided under Section 123 of the Act

verification/affirmation of the affidavit has not been made by the Oath Commissioner as per requirement of Rule 94 (A) and Form 25 of the Conduct of Election Rules, 1961.of Rule 13 (c) of the High Court Rules and Orders, 1997, moreso the copy supplied to the respondent is not the true copy, thereby violating sub-section 3 of Section 81 of the Act and hence the petition is liable to be dismissed.

Rule 94A   IN THE HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

the petitioner in the accompanying election petition calling in question the election solemnly affirm and declare as under :

statements made in paragraphs  of the accompanying election petition about the commission of the corrupt practice and the particulars of such corrupt practice mentioned in paragraphs of  the same petition and in paragraphs of the Schedule annexed thereto are true to my knowledge

 


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