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Civil Law
Mode of Citation- ILC-2014-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-CIVIL-Jan-5

Kalian Kumar Gogoi Vs. Ashutosh Agnihotri & another

Representation of People Act, 1951  - Section 80 , Section 80-A , Section 81 , Section 116-A

Election Rules, 1961 - Election petition - Non-compliance with the provisions of the Representation of People Act, 1951 and the Election Rules of 1961 - Prayer to declare the election of the respondent No. 2 void and to order re polling - Petition rejected - Appeal against - Learned Judge holding that initial voting, which had taken place at the non-notified place, had not materially affected the election result of the respondent No. 2 - Non-compliance of the provisions made by the officers who were in-charge of the conduct of the election and not by the elected candidate - Evidence tendered by the witnesses of the appellant showing that none of them had seen big number of voters returning back without casting their votes because the polling station was initially arranged at a non-notified place - Appellant failed to prove that because of non-compliance with the provisions of the Act, the election of the respondent No. 2 was materially affected - No illegality in the impugned order - Order of Ld. Single Judge upheld - Appeal dismissed.

BENCH :

Hon'ble Mr. Justice J.M. Panchal , Hon'ble Mrs. Justice Gyan Sudha Misra , 

Advocates For the Appellant(s) :

Rajiv Dhavan, Sr. Advocate, Anupam Chowdhury, Anupam Lala Das, Raktim Gogoi, Advocates with him

Advocates For the Respondent(s) :

Nagendra Rai, Sr. Advocate, Amit Yadav, Smarhar, Sanjay Kumar Visen, Bijender Singh, Ambar Qamaruddin, Advocates with him

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