Election Laws (i) no relief in terms of Section 116B(1) of the Act was prayed for; and, (ii) that by virtue of Gazette Notification dated 20.04.2021, respondent no.1 has already been sworn-in as a Member of the Assembly May 16, 2021 sclaw
Election Laws Election Laws – Declaration of results – State Government through learned counsel as well as the State Election Commission, Uttar Pradesh that necessary measures have been put in place in terms of the guidelines issued from time to time, including the recent Notifications dated 29.04.2021 and 30.04.2021 issued by the State Election Commission – No interference. May 2, 2021 sclaw
Election Laws Rules 4 and 5 of Rules, 1994 as well as Rule 2(b) of Rules, 2007 does in no manner disobey the mandate of Article 243S(4), both can be complied with without any conflict between the two different provisions – Provisions of Section 5(3)(iii) (a) as well as Rules 4 and 5 of Rules, 1994 and Rule 2(b) of Rules, 2007 are not inconsistent with provisions of Article 243S. February 25, 2021 sclaw
Election Laws Representation of the People Act, 1951 – Section 8(3) – Disqualification- petitioner was disqualified from contesting the elections in terms of Section 8(3) of the Act. In such circumstances, she could not have maintained an election petition as “a candidate at such election” in terms of Section 81(1). Therefore, the High Court was right in not venturing into an exercise in futility, by taking up the election petition for trial, though the High Court was wrong in rejecting the election petition on the ground of existence of incurable of defects – Special Leave Petition is dismissed. December 15, 2020 sclaw
Election Laws Averments do not disclose that the appellant has a cause of action which invest him with right to sue – It is settled that where a person has no interest at all, or no sufficient interest to support a legal claim or action he will have no locus standi to sue – Election Petition has been rightly nipped in the bud- Appeal dismissed. November 25, 2020November 25, 2020 sclaw
Election Laws Election petitioner cannot be allowed to suddenly wake up to the reality of lack of pleading of material facts, relating to his rights in terms of section 101 after more than 18 months of the filing of the election petition – The same is also barred by limitation. October 18, 2020 sclaw
Election Laws Electricity Law–Compensation–Compensation has to be determined on yield basis–High Court directed consider the matter afresh–Telegraph Act, 1885, Section 10 and 18–Electricity Act, 1910, Section 51. July 8, 2020 sclaw
Election Laws Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 – Section 28(8) – Representation of the People Act, 1951 – Section 94 – Election law – It is a trite position of law that when it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions – An election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which have to be strictly construed June 20, 2020 sclaw
Election Laws Management of recognised Non Government Madrasahs (Aided and Unaided) Rules, 2002 – Rule 8 – Appointment of Administrator – Managing Committees of the Madrasahs failed to initiate the process of election for reconstitution of the Committee within the prescribed period – No reason to interfere with the orders of the single judge of the High Court March 22, 2020 sclaw
Election Laws HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC HELD “The scope of Article 226 is very wide and can be used to remedy injustice wherever it is found.” March 20, 2020 sclaw
