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Showing posts with the label Conduct of Elections Rules 1961

Omission of a Single Material Fact leads to an Incomplete Cause of Action [JUDGMENT]

Civil P.C. 1908 - O.7 R. 11(a) - Representation of the People Act, 1951 - Ss. 81, 83, 100 & 123 - Conduct of Elections Rules, 1961 - R. 94A - Legislative Assembly Constituency reserved for Scheduled Caste category candidate - Electronic Voting Machines (EVMs) - Use of religious symbol which was an image of Lord Buddha - Allegations made in the petition are general and vague and that they lack in material facts - Such facts are necessary to disclose the cause of action espoused by a party and this is the mandatory requirement - Omission of a single material fact leads to an incomplete cause of action and statement of claim becomes bad - Petition which lacks in the material facts and the petition does not disclose any cause of action and is liable to be rejected.