#RP Act

Bombay High Court dismisses an election petition under Section 83 of the Representation of the People Act for failing to disclose material facts about EVM-VVPAT discrepancies, reinforcing strict compliance with procedural requirements. The ruling underscores that election challenges cannot proceed without full disclosure of alleged irregularities, impacting future petitioners and electoral litigation strategy.

Bombay High Court reaffirms that failure to deposit security for costs under Section 117 of the Representation of the People Act at the time of filing an election petition is fatal, dismissing the petition outright. The ruling underscores strict adherence to procedural timelines, impacting election dispute litigants who risk dismissal for non-compliance.

The Bombay High Court ruled that holding a position in a local authority such as the Agricultural Produce Market Committee does not amount to an office of profit under Article 191 of the Constitution, thereby upholding the election of a candidate who held such a post. The judgment also clarifies that minor procedural defects in nomination forms cannot invalidate an election unless proven to have materially affected the outcome, offering critical clarity to local officeholders seeking public office.

Bombay HC dismisses election petition for failing to plead specific corrupt practices under Section 83 of the RP Act. The court holds that mere non-disclosure of criminal cases or incomplete affidavit details, without proof of material impact on election outcome, does not constitute grounds for election nullification. Petitioners must provide full particulars of suppression to sustain allegations of corrupt practice.