DHARMIN BAI KASHYAP versus BABLI SAHU & OTHERS

DHARMIN BAI KASHYAP versus BABLI SAHU & OTHERS

Section 122 requires election petitions to be presented in the prescribed manner and Rule 6 specifies the declaratory reliefs that may be claimed; therefore an election petition must claim reliefs in consonance with Rule 6. A petition seeking only recounting of votes, without claiming the declaratory reliefs under Rule 6 and without complying with the written application requirement of Rule 80, is not maintainable.

Parties
Appellant: DHARMIN BAI KASHYAP; Respondent: BABLI SAHU & OTHERS
Jurisdiction
India
Judgment Date
16 August 2023
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 25.04.2022 of the High Court of Chhattisgarh, Bilaspur in WA No.72 of 2022
Outcome
Appeal dismissed.
Legal Topics
Recount of Votes, Election Petition Under Section 122, Rule 6 of Chhattisgarh Panchayats (election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, Rule 80 of Chhattisgarh Panchayat Nirvachan Niyam, Strict Construction of Election Law
Election Law Statutory Interpretation Recount of Votes Election Petition Under Section 122 Rule 6 of Chhattisgarh Panchayats (election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 Rule 80 of Chhattisgarh Panchayat Nirvachan Niyam, 1995 Strict Construction of Election Law

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Parties

DHARMIN BAI KASHYAP

Appellant

BABLI SAHU & OTHERS

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 25.04.2022 of the High Court of Chhattisgarh, Bilaspur in WA No.72 of 2022

Legal Issues

  1. 1 Whether an election petition filed under Section 122 seeking only recounting of votes without claiming the declaratory reliefs under Rule 6 of the Rules of 1995 is maintainable

Ratio Decidendi

Section 122 requires election petitions to be presented in the prescribed manner and Rule 6 specifies the declaratory reliefs that may be claimed; therefore an election petition must claim reliefs in consonance with Rule 6. A petition seeking only recounting of votes, without claiming the declaratory reliefs under Rule 6 and without complying with the written application requirement of Rule 80, is not maintainable.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.