Category: 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.

SUPREME COURT OF INDIA DIVISION BENCH SACHIN YADAV — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Hrishikesh Roy, JJ. ) Special Leave…

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.

SUPREME COURT OF INDIA FULL BENCH PARMAR SAMANTSINH UMEDSINH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

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.

SUPREME COURT OF INDIA FULL BENCH SARITHA S. NAIR — Appellant Vs. HIBI EDEN — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian, JJ. ) Special…

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.

SUPREME COURT OF INDIA FULL BENCH  TEJ BAHADUR — Appellant Vs. SHRI NARENDRA MODI — Respondent ( Before : S. A. Bobde, C.JI., A. S. Bopanna and V. Ramasubramanian, JJ.…

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

  SUPREME COURT OF INDIA FULL BENCH LAXMI SINGH AND OTHERS — Appellant Vs. REKHA SINGH AND OTHERS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari,…

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

  SUPREME COURT OF INDIA FULL BENCH THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. — Appellant Vs. THE STATE OF WEST BENGAL & ORS. — Respondent ( Before…

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