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  • DocScanner 27 Apr 2022 1-36 PM

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    Saurabh Kumar
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    DocScanner 27 Apr 2022 1-36 pm

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    10 views3 pages

    DocScanner 27 Apr 2022 1-36 PM

    Uploaded by

    Saurabh Kumar

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 3
    Court has neta ie ve iw in the case of election petilions jection petition ane f the word ‘trial” all the procecdin { up to the date presentation of the ell included within the meaning, 0! Constitutional Validity of Provisions The validity of the provisions of the Act of 195! rela qualifications and disqualifications has been upheld by the Andhra § nce to articles 326 to 329 of the Constituts s nothing which prevents an elector from que: ofa person to either House of the State Legislature merely becat been subsequently appointed as a Minister or as @ Chief Mini to the decision of the Governor under Article 192 of the Cons the Governor is not required to act on the advice of the Ci regard to the disqualification of a member of the State Leg is to act on the advice of the Election Commission and n Council of Ministers. (A.C. Sobhan Kumar v. Union of India. AIR 1984 347). Court with referc holds that there i Recriminatory Petition” It has been mentioned above that a composite relief may election petition to the effect that, in addition to the election of the candidate being declared void, some other candidate at the election may be dec clected in place of the returned candidate. In the case of such an election pet the returned candidate whose election has been challenged or any other respon to the petition may recriminate and give evidence to prove that the election of such other candidate in whose favour the further declaration has been claimed would have also been void, had he been the returned candidate and had a petition been presented calling in question his election [Section 97(1) of R.P. Act. 1951) Such recrimination will not lie in an election petition where the only reliefclaim ed is that the election of the returned candidate may be declared void. mt When to be Filed Any noti el : a ee pf such recrimination as aforesaid must be given to the High Court conmenceitas hiss or any other respondent within 14 days from the date of € trial of the election petition [proviso to Section 97(1)]. For by = OS 7. 5 as What is Recriminatory Petition? When is it filed? say. Recriminatory Petition” It has been mentioned above that a composite relicf may be sought in an election petition to the effect that, in addition to the election of the returned candidate being declared void, some other candidate at the election may be declared clected in place of the returned candidate. In the case of such an election petition, the returned candidate whose election has been challenged or any other respondent to the petition may recriminate and give evidence to prove that the election of such other candidate in whose favour the further declaration has been claimed would have also been void, had he been the retumed candidate and had a petition been presented calling in question his election [Section 97(1) of R.P. Act, 1951]. Such recrimination will not lie in an election petition where the only relief claimed is that the election of the returned candidate may be declared void. When to be Filed Any notice of such recrimination as aforesaid must be given to the High Court oe returned candidate or any other respondent within 14 days from the date of Mencement of the trial of the election petition [proviso to Section 97(1)]. For 7. What is Recriminatory Petition? When is it filed? Introduction » Meaning of Blection and Election Disputes a1 this purpose, the tial ofa petition shall he deemed to commence on the date ns for the respondents fo appear borore the high eourt and nieewer the claims mad : : the election petition [H'xplanation © section KOCH]. But the Supreme Court has hold in Sreekumar Mukherjee vy. Zarinel Abe Din and Ors,, (1991) 2 Supre me Voday, 217, that where a high court, afler having fixed a date for appearance of the original respondents, fixes a fresh date for their appearance on Account of their non-appearanee on the date originally fixed for want of service of court's notice on them, the period of 14 days referred to in Section 86(4) will be counted from the subsequent fresh date and not from the earlier date fixed by the court Form, Verification and Security Every notice of recrimination shall be accompanied by a petition, in the Same form as an election petition, and shall also be signed and verified in like manner as the election petition [Section 97(2) of RP. Act 1951], A security deposit of Rs. 2000 will also have to be made by the party filing the recriminatory petition within the aforesaid period of fourteen days from the date of commencement of the trial. He shall also be liable to make such further secur ily deposit as the high court may deem necessary during the course of the trial [proviso to Section 97(1) of R™ Act Withdrawal of Election Petition According to Section 109(1) of the R.P. Act, 1951 anel withdrawn before the conclusion of the trial, but such wit only by leave of the high court. The permission of the high court to withdraw the Petition has been considered necessary to ensure that the withdrawal is bona fide and there is no inducement by any bargain or consideration (Section 110(2) of RP Act 1951}, But where more than one reliethas been claimed in a petition and the prayer for the reliefs other than the main relief that the election of the retumed

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