Representation of the People Act, 1951 [India] Case Reference

Representation of the People Act, 1951 [India]

Section 83(1)(a)- Appellant is aggrieved since his petition has been dismissed, based on the findings on the preliminary issues that the election petition lacked in material facts as required under Section 83(1)(a) of the 1951 Act and as such, did not disclose any cause of action. ......Kuldeep Singh Pathania =VS= Bikram Singh Jaryal, [3 LM (SC) 26]

Section 123(4) & 86- Election is a technical one- The law relating to election is a technical one as it amounts to a challenge laid to the democratic process determining the will of the people. An eligible person whether a candidate or a voter coming to Court, seeking to set aside any election has to, thus, meet with the technical natures of the election petition and the provisions prescribed under the said Act as otherwise it would be fatal to the election petition at the threshold itself. It is in these circumstances that the principles have been succinctly set out in Mithilesh Kumar Pandey. The observations in that case provide for clerical and typographical errors to be corrected. Thus, issues like mentioning of the correct number of annexures or tagging with the file, etc. would all fall within the said Section. [8 supra] .....Abdulrasakh =VS= K.P. Mohammed, [4 LM (SC) 1]