Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-- Ss. 55, 78, 83 & 64 --- Election petition ... Pleadings --- Nature --- Illegal and corrupt practice --- Rule as to specific pleadings invocable in election petitions, as discernible from S.55, read with Ss.78 & 83 of the Representation of the People Act. 1976 is confined to corrupt and illegal practices. attributable to the candidates or their representatives which goes only as far as matters of detail. which the candidate, in the ordinary course knew or should reasonably have known --- Once the candidate concerned had pleaded his case with all details of corrupt or illegal practices coming to his knowledge. He should be free Within the parameters fixed by his own pleadings. to resort to the powers of the Tribunal to come to his aid in virtue of the jurisdiction of a Civil Court residing in the Tribunal, as extended by S.64, Representation of the People Act, 1976--­No candidate. who had adequately pleaded the corrupt or illegal practices at his election, should unjustifiably be discouraged, by undue strictness in applying the law of evidence, from proving his case --- Rule pertaining to non-compliance of the applicable provisions of law by the officers and staff conducting an election figure at yet another plane --- Where, in a constituency, there was a general failure of the election machinery, involving non-compliance with the provisions of Representation of the People Act, 1976 and the Rules. the allegations could be as much detailed as was plausible in the given circumstances of the case. While the rule as to specific pleadings is invocable in election petitions, such. as discernible from section 55 read with sections 78 and 83 of the Act. is necessarily confined to corrupt or illegal practices, attributable to the candidates or their representatives. It also goes only as far as matters of detail, which the candidate, in the ordinary course, knew or should reasonably have known. Many, an illegal or corrupt practices, within the knowledge of a candidate, due to an election being a closed door affair, may turn out only to be the tip of an iceberg the bulk of the deviations coming to unfold during…

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