AJAY KUMAR POEIA versus SHYAM AND ORS.

AJAY KUMAR POEIA versus SHYAM AND ORS.

Election petition did not plead material facts that the returned candidate was not a member of Scheduled Caste; hence, it did not satisfy the requirement of Section 81(1) of the Representation of the People Act, 1951, and was rightly dismissed by the High Court.

Parties
Appellant: Ajay Kumar Poeia; Respondents: Shyam and Others
Jurisdiction
India
Judgment Date
11 December 2003
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in E.p. No. 8 of 2002
Outcome
Appeal dismissed
Legal Topics
Election Petition, Material Facts Requirement, Scheduled Caste Status, Striking Out Pleadings
Election Law Election Petition Material Facts Requirement Scheduled Caste Status Striking Out Pleadings

Case Brief

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Parties

Ajay Kumar Poeia

Appellant

Shyam and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in E.p. No. 8 of 2002

Legal Issues

  1. 1 Whether the election petition contained material facts alleging that the returned candidate was not a member of Scheduled Caste as required under Section 81(1) of the Representation of the People Act, 1951

Ratio Decidendi

Election petition did not plead material facts that the returned candidate was not a member of Scheduled Caste; hence, it did not satisfy the requirement of Section 81(1) of the Representation of the People Act, 1951, and was rightly dismissed by the High Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs