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Dos and don’ts of filing an election petition explained


Nagpur: One can problem the result of a Lok Sabha or Rajya Sabha election below the Representation of People’s Act 1951 in an election petition, supplied it's filed within 45 days of issuance of certificate from Election Commission, said Anil Kilor whilst speaking about the dos and dont’s with phrases of submitting an election petition.
“In case of a holiday at the ultimate day of submission, the cut-off date will be extended to subsequent running day. An election petition will also be presented to the registrar in case judges are unavailable,” he said.

Kilor, additionally the president of High Court Bar Association, was once turning in a lecture on Wednesday at the matter to young lawyers at HC as part of HCBA Study Circle lecture collection.

“An election will also be questioned in case the candidate is found indulging in corrupt practices or if his agent through his consent is found responsible of it. It will also be questioned in case of inaccurate or invalid votes had been thought to be whilst counting,” said Kilor whilst speaking about grounds to record a petition.

Talking about requirements for an election petition, he said, “The petition should contain a concise commentary of all material info and no proof should be neglected. Among different paperwork, it should additionally contain a testimony bringing up supply of every truth.”


He further explained that the courts should have all proof so as to formulate a course of action and one should point out which info are of personal wisdom and which have been obtained through records in the affidavit.


He further outlined the method of petition submitting and said, “All copies given to courtroom, all respondents and one with self should be duly attested and every web page should be signed, together with all paperwork connected. All copies should also be identical and should be a real replica.”


He cited the Act as quite strict and said, “To record a petition below this Act is relatively tedious since it's relatively technical. Almost 80% of the petitions filed thus by no means see the day and get disregarded because of technical mistakes. But this can be a entire code in itself and covers the whole thing from submitting to withdrawal of a petition.”




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