Showing posts with label S 16 BPMC Act. Show all posts
Showing posts with label S 16 BPMC Act. Show all posts

Sunday, 4 September 2016

Whether it is necessary to plead material facts or particulars on basis of which cause of action for filing Election Petition has arisen?

Now coming to the issues that are required to be framed. There
can be no gainsaying of the fact that the issues are framed in respect of only
those facts which are alleged by one of the parties and denied or not admitted

by   other   party,   and   the   issues   are   to   be   framed   to   determine   the   real
controversy involved in the pleadings of the parties. In so far as the Election
Petitions   are   concerned,   be   it   either   those   of   local   bodies   or   assembly   or
parliament, the Election Petition challenging the elections to the local bodies or
legislature   or   parliament,   the   basis   requirement   or   the   fundamental
requirement is that the material facts or particulars on the basis of which the
cause of action for filing the Election Petition has arisen must be pleaded . 
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11334 OF 2015 
ALONG WITH 
CIVIL APPLICATION NO.3379 OF 2015
Shri Vijay Waman Deshmukh 
Versus
Pune Municipal Corporation 
CORAM : R. M. SAVANT, J.
DATE   : 29th April 2016
Citation:2016(4) MHLJ 917
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