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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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