Indian Penal Code, 1860
Section 499
Representation of the People Act, 1950
Section 8(3)
Stay the order of conviction during the pendency of the present appeal— Supreme Court is of the considered view, taking into consideration the aforesaid aspects and particularly that no reasons have been given by the learned Trial Judge for imposing the maximum sentence which has the effect of incurring disqualification under Section 8(3) of the Act, the order of conviction needs to be stayed, pending hearing of the present appeal. This Court, therefore, stay the order of conviction during the pendency of the present appeal. This Court clarifies that the pendency of the present appeal would not come in the way of the Appellate Court in proceeding further with the appeal. The appeal would be decided on its own merits, in accordance with law. .....Rahul Gandhi =VS= Purnesh Ishwarbhai Modi & Anr., (Criminal), 2024(1) [16 LM (SC) 5] ....View Full Judgment

Appellant is aggrieved since his petition has been dismissed, based on the findings on the preliminary issues that the election petition lacked in material facts as required under Section 83(1)(a) of the 1951 Act and as such, did not disclose any cause of action. .....Kuldeep Singh Pathania =VS= Bikram Singh Jaryal, (Civil), 2017 (2)– [3 LM (SC) 26] ....View Full Judgment

Representation of the People Act, 1951
Section 123(4) & 86 r/w
The Code of Civil Procedure, 1908
Sec. 151 & Ord. VI Rule 16, Ord. VII Rule 11
Election is a technical one–
The law relating to election is a technical one as it amounts to a challenge laid to the democratic process determining the will of the people. An eligible person whether a candidate or a voter coming to Court, seeking to set aside any election has to, thus, meet with the technical natures of the election petition and the provisions prescribed under the said Act as otherwise it would be fatal to the election petition at the threshold itself. It is in these circumstances that the principles have been succinctly set out in Mithilesh Kumar Pandey8. The observations in that case provide for clerical and typographical errors to be corrected. Thus, issues like mentioning of the correct number of annexures or tagging with the file, etc. would all fall within the said Section. [8 supra] .....Abdulrasakh =VS= K.P. Mohammed, (Civil), 2018 (1) [4 LM (SC) 1] ....View Full Judgment