Law: Elections Act, 2017

Section: 139,143,144

Elections Act, 2017 (XXXIII of 2017)-- ----Ss. 139, 143 144--Bye elections--Notification as returned candidate--Impleadment of official respondents without permission of tribunal--Non-filling of appeal against acceptance of nomination papers--Allegations of illegal and corrupt practices--Onus to prove--Maintainability--Only contesting candidates can be made respondents and any other party cannot be joined as respondent unless otherwise directed by Election Tribunal, while in instant petition without seeking any permission from Tribunal or direction of Tribunal, official respondents have been arrayed unnecessarily and thus petition being not maintainable is hit by provisions of Section 143, Cr.P.C. issue No. 1 is resolved accordingly has failed to establish through record that in what manner and capacity returned candidate had concealed his assets or business or income--Even otherwise perusal of record reflects that admittedly no objection was filed by petitioner at time of filing of nomination papers, when otherwise no appeal was filed after acceptance of nominations papers, therefore, no remedy was availed--Even documentary evidence so produced was disowned by own witness of petitioner i.e. PW-2 that neither same were issued by him nor same has similarity with original record--It appears from record that petitioner has failed to object nomination papers of returned candidate at time of filing of nomination papers, hence remedy so available with petitioner was not availed--It has come on record through statements of said polling agents that they were not voters of said polling stations, thus it was very difficult for them to identify each voter and blame for impersonation--Polling agents who stated that they witnessed casting of bogus votes also admitted in their cross-examination that they did not challenge a single vote at time of polling--Even after polling was over, petitioner did not approach Provincial Election Commission to report alleged corrupt practices rather it has come on record that he was enjoying so-called election results pronounced in his favour through electronic and social media and after losing elections, he has come forward with lame…

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