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vidhan sabha

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Order 6 Rule 16 of Code of Civil Procedure (CPC)- Madhya Pradesh High Court (Bench at Indore) allowing the application filed by the first respondent under Order 6 Rule 16 of Code of Civil Procedure (CPC) being I.A No. 7248/2012 for striking off certain pleadings from the Recrimination Petition filed by the Appellant herein.= a defective affidavit is not a sufficient ground for summary dismissal of an election petition as the provisions of Section 83 of the Act are not mandatorily to be complied with nor did the same make a petition invalid as an affidavit can be allowed to be filed at a later stage or so. this Court held that non-compliance with Section 83 is not a ground for dismissal of an election petition under Section 86 and the defect, if any, is curable = In view of what is stated above, the order passed by the learned Single Judge in allowing the application of the first respondent under Order 6 Rule 16 of CPC was clearly untenable and bad in law. The learned Single Judge of the High Court could not have entertained the application under Order 6 Rule 16 when this Court had restored the Recrimination Petition to the file of that Court by consent in order to decide it expeditiously. The learned Judge has erred in holding that the pleadings in paragraph 3 and 4 of the Recrimination Petition were vague, vexatious, non-specific and without any material facts. The appeal is therefore allowed. The impugned order is set-aside. The learned Judge of the High Court will now proceed to decide the Recrimination Petition as filed by the petitioner expeditiously. The parties will bear their own cost of litigation.

PageĀ 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3840/2013 Arising Out of Special Leave Petition (Civil) No. 38061 of 2012 Smt. Neena Vikram Verma … Appellant Versus Balmukund Singh Gautam & Ors. … Respondent (s) J U D G E M E N T H.L. Gokhale J. Leave Granted. … Continue reading

caste certificate of chief minister of chattisgarh=(Ajit P.K. Jogi) claimed that he belonged to a tribal community known as `Kanwar’, a notified Scheduled Tribe. He obtained social status/caste certificates from time to time, showing him as belonging to Kanwar-Scheduled Tribe, that is, certificate dated 6.6.1967 from the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 27.2.1984 by the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 6.3.1986 by the Tehsildar, Pendra Road, certificate dated 12.1.1993 by the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 11.8.1999 by Naib Tehsildar, Indore, certificate dated 8.1.2001 from the Addl. Collector, Bilaspur and certificate dated 30.9.2003 by Addl. Collector, Bilaspur. The first respondent was elected twice to Rajya Sabha and contested two parliamentary elections from Raigarh and Shahdol constituencies. He successfully contested from Marwahi Vidhan Sabha constituency reserved for Scheduled Tribes in 1991. On 1.11.2000, when the State of Chhattisgarh came into existence, the first respondent became its first Chief Minister and served in that capacity till December, 2002. =The certificates have never undergone a scrutiny by a properly constituted authority. The fact that two writ petitions were filed at some point of time, challenging the claim of first respondent that he belongs to a scheduled tribe may not be conclusive as the first writ petition was

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4069 OF 2008 Collector, Bilaspur ………Appellant Vs. Ajit P. K. Jogi & Ors. …….Respondents WITH Civil Appeal No.4074 of 2008 Civil Appeal No.4079 of 2008 Civil Appeal No.4082 of 2008 J U D G M E N T R. V. Raveendran J. These … Continue reading

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