Election Petition

IN THE HON'BLE HIGH COURT OF ………………… AT …………………..

 

Election Petition No: _______ of _____

Petitioner

Versus

Respondents

Election Petition Under Section 80, 81 read with Section 100 of the Representation of the People Act, 1951 against the election of the respondent from __ Assembly Constituency in ___________, praying that the election of the respondent be declared to be void and set aside __ with further prayer to declare the petitioner as elected candidate

(Name of Place)                                                                      Petitioner

_______                                                                                  Through, Advocate

Respectfully Sheweth;

1.  That after issuance of the Notification by the Governor of _______________ calling upon the Assembly Constituencies in the State of _______________ to elect the members for the _______________ Legislative Assembly, the Election Commission of India vide Notification issued under Section 30 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) announced the Programme for holding of the elections to the _______________ Assembly as follows:-

(i)  Filing of nomination papers   _______

(ii) Scrutiny of nomination papers _______

(iii) Withdrawal of nomination papers _______

(iv) Allotment of symbols   _______

(v)  Date of polling, if necessary _______

(vi) Counting of votes _______

2.  That the petitioner filed his nomination paper on __ being set up by the __ party and the respondent filed nomination paper sponsored by __ party from __ constituency __.  After scrutiny and withdrawal of nomination papers as many as __ candidates remained in the field and the polling took place on __.  After the counting of votes, the result of election was declared by the Returning Officer on __ and the candidates were shown to have secured the votes as follows:-

 Sr. No.
Name of Candidate 
Party polled
Affiliation Number of votes
(a)
 
 
 
(b)
 
 
 
(c)
 
 
 
(d)
 
 
 

and the respondent __ was declared to have been duly elected by the Returning Officer on __.

3.  That the returned candidate, i.e; the respondent __ during the impugned election __

4.  That the respondent committed the corrupt practices as envisaged under Section 123 (7) of the Act as __.  This has enhanced winning chances of the respondent.

5.  That the respondent committed the corrupt practices of bribery as envisaged under Section 123 (1) (A) & (B) of the Act as __.  This has enhanced winning chances of the respondent. 

6.  ________

GROUNDS

7.  That the petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst other each one of which is without prejudice to and independent of other :-

(a)  That such an act of omission and commission on the part of the respondent whereby they have __, is illegal, arbitrary, malafide, discriminatory, and against the well-established principles of natural justice as well as violative of the mandatory provisions of the Constitution of India.

(b)   That _______

(c)   That the impugned act of the respondent is against the well settled principles of law laid down by the Hon'ble Supreme Court and this Hon'ble court in catena of cases.

3.  That the petitioner has deposited Rs. …./- __ as security in this Hon'ble Court vide receipt No. __ dated __.

4.  That the petitioner is submitting two extra copies of election petition duly attested to be true copy of the petitioner.

5.  That the election under challenge pertains to __ Constituency in _______________, which falls within the jurisdiction of this Hon'ble Court.

6. That the petitioner has no other speedy and efficacious remedy available except to approach this Hon'ble court by way of the present petition.

7. That the petitioner has not filed any other petition on same or similar grounds either before this Hon'ble court or before the Supreme Court of India.

8. That the petitioner, therefore, prays that for the reasons submitted in the election petition:-

(a) the election of the returned candidate, ie; the respondent from __ Assembly Constituency, of ………….Legislative Assembly be declared void and set aside,

(b)  the respondent be declared to be disqualified from contesting the elections;

(c)  Allow the cost of this petition to the petitioner, and;

(d)  Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done.

 

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY.

 

(Name of Place)                                                          Petitioner

______                                                                        Through, Advocate

Verification:

Verified at (Name of Place) this ______ that contents of paragraphs ____ are true and correct to my own knowledge whereas paragraphs _____ are based on the information received from Sh. _____, which I believe to be true.  No part of it is false and nothing material has been concealed.

(Name of Place)                                       Petitioner

______                                      

 

FORM 25

(See Rule 94A)

IN THE HON'BLE HIGH COURT OF ……………………….. AT ……………….

 

Election Petition No:______ of ____

Petitioner

Versus

Respondents

Affidavit

I,______, the petitioner in the accompanying election petition calling in question the election of Sh. __ (Respondent No. __ in the said petition) do hereby solemnly affirm and declare as under :

(a)  That the statements made in paragraphs _____ of the accompanying election petition about the commission of the corrupt practice of ____ 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;

(b) That the statements made in paragraphs _____ of the said petition about the commission of the corrupt practice of _____ and the particulars of such corrupt practice given in paragraphs _____ of the said petition and in paragraphs ____ of the Schedule annexed thereto are true to my information;

(c)  That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this the ______

Deponent

Solemnly affirmed/sworn by Sh. ______ at (Name of Place) this ______.

                                                            Before me,

Magistrate of First Class/ Notary/ Commissioner of Oaths

 

IN THE HON'BLE HIGH COURT OF ……………………….. AT ……………………

 

Election Petition No:______ of _____

Petitioner

Versus

Respondents

INDEX

S. No.
Annx
Particular
Page Nos.
1.
 
Memo of Parties
1
2.
 
Election Petition
2__
3.
 
Affidavit
__
4.
P-1
__
__
5.
P-2
__
__
6.
P-3
__
__
7.
P-4
 
 
8.
P-5
 
 
9.
P-6
 
 
10.
P-7
 
 
11.
P-8
 
 
12.
 
Statement of address of the petitioner
 
13.
 
Statement of address of Respondent
 
14.
 
Form B
 
15.
 
Form BB
 
16.
 
Power of Attorney
 

(Name of Place)                                                                     Petitioner

______                                                                                    Through, Advocate

 

IN THE HON'BLE HIGH COURT OF ………………………….. AT …………………..

 

Election Petition No.:______ of ______

Petitioner

Versus

Respondent

Statement of Address of the Petitioner

(Name of Place)                                       Petitioner

______

 

IN THE HON'BLE HIGH COURT OF ………………….. AT ……………….

 

Election Petition No.: ______ of ______

Petitioner

Versus

Respondent

Statement of Address of the Respondent

The Address of the respondent at which service of notices or other purposes may be made on respondent:-

(Name of Place)                                                                                      Petitioner

 

FORM B

List of Documents Produced by the Petitioner

IN THE HON'BLE HIGH COURT OF ……………………………… AT ……………….

 

Election Petition No:______ of ____

Petitioner

Versus

Respondents

List of Documents Produced with the Petition (or at first hearing) on behalf of the petitioner.

The list was filed by the petitioner this ______.

S.No Details, date     What is        If documents    If rejected

documents         intended       filed what is   then the

to be          the Exh marked  date of

 proved from    on it           return of

 document                       documents

_

----------------------------------------------------------------

Date:   &@&         

                                       Counsel for Plaintiff/Defendant

                              

   FORM BB

              List of Documents Relied Upon by the Petitioner

          IN THE HON'BLE HIGH COURT OF …………………. AT ………………

Election Petition No:     of _____

-2-

                                                            Petitioner

                                  Versus

-3-

                                                           Respondents

                    The list was filed by the petitioner this &@&.

 

S.No Details, date What is    In Whose If documents  If rejected

     documents     intended   possess- filed what is then the

                   to be      ion docu the Exh marked date of

                   proved from ment is on it          return of

                   document                           documents

__

----------------------------------------------------------------

Date:   ______         

Counsel for Plaintiff/Defendant

Verification: Verified at (Name of Place) this ______ that the contents of above document are true and correct as per the photocopy of the same issued by the competent authority.

(Name of Place)                                                                                       Petitioner

______

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