RAVINDER SINGH versus JANMEJA SINGH AND ORS.

RAVINDER SINGH versus JANMEJA SINGH AND ORS.

Without mandatory averments and affidavit in the prescribed form, allegations of corrupt practices in an election petition cannot be put to trial; defects are fatal and justify dismissal at the threshold.

Parties
Appellant: Ravinder Singh; Respondent: Janmeja Singh; Respondent: Others
Jurisdiction
India
Judgment Date
19 September 2000
Procedural Posture
Civil Appeal / Appeal From Dismissal of Election Petition at Preliminary Stage
Outcome
Appeal dismissed
Legal Topics
Corrupt Practices, Representation of the People Act, 1951, Affidavit Requirements, Material Facts in Election Petitions
Election Law Corrupt Practices Representation of the People Act, 1951 Affidavit Requirements Material Facts in Election Petitions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ravinder Singh

Appellant

Janmeja Singh

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Election Petition at Preliminary Stage

Legal Issues

  1. 1 Whether the election petition lacked material facts and particulars necessary to constitute a complete cause of action for setting aside the election
  2. 2 Whether allegations of corrupt practices under Sections 123(1) and 123(4) of the Representation of the People Act, 1951 were supported by necessary averments and affidavits

Ratio Decidendi

Without mandatory averments and affidavit in the prescribed form, allegations of corrupt practices in an election petition cannot be put to trial; defects are fatal and justify dismissal at the threshold.

Court Disposition

Appeal dismissed

Orders

  • Election petition dismissed without trial
  • No order as to costs