APEX COURT DIGEST - Jan.2017 [5]
Election petition - The appellant lost election from Bhattiyat Assembly Constituency of Himachal Pradesh Legislative Assembly held in 2012 by a margin of 111 votes. He filed an election petition mainly on the grounds under Section 100(1)(d)(iii) of the Act - Exercise of dual right of franchise by a voter and discrepancy between the EVM record and the record maintained in Form 17-A at polling station No.92- Kamla; - Improper reception of 30 postal ballot papers; and Discrepancy regarding 100 postal ballot papers-whether 597 or 697?” - issues framed - “2) Whether the election petition is liable to be dismissed in limine for lack of material facts and particulars, as alleged? 3) Whether the election petition is not maintainable for want of any cause of action, as alleged?” - High...