Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic


Ajay Arjun Singh Vs. Sharadendu Tiwari & Ors.

Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11) , Representation of People Act, 1951  - 83

High Court of Madhya Pradesh Rules, 2008, Rule 13(2) - Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, Rule 94A - Election Petition - Rejection of - Application for -Ground that second affidavit as required by statute not filed - At the earliest point during the course of the proceedings of the election petition the Election petitioner clearly took a stand that there was an affidavit at page nos.394 and 395 which is in Form 25 contemplated in proviso to Section 83(1) - Returned candidate never disputed this statement by filing a Rejoinder- From the language of Order VII R 11 petition, it is clear that the returned candidates objection is only regarding the format and content of the affidavit but not regarding the date of the filing of the affidavit - Question of proof of the fact which was never in issue does not arise much less the question of burden of proof - The fact that the election petitioner chose to file yet another affidavit pursuant to the order of the High Court the returned candidate cannot be permitted to raise such a question of fact in the absence of an appropriate pleading and contend that the election petitioner is precluded from arguing that he had filed a 2nd affidavit along with the election petition by pressing into service a rule of estoppel.

Topic(s)-Election Petition - - Not Rejected

Full Judgement Body

@2016 Indian Law
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