Corrupt Practice -- Non-Supply of RTI Information After Declaration of Result -- Does not constitute assistance for furthering prospects of election
(i) Representation of the People Act, 1951, S.123(7) -- Corrupt Practice -- Non-Supply of RTI Information After Declaration of Result -- Corrupt practice under Section 123(7) requires assistance procured during the election process for furthering the prospects of a candidate's election. Non-supply of information sought under the RTI Act after declaration of the result does not constitute such assistance and cannot ground an allegation of corrupt practice. (ii) Representation of the People Act, 1951, S.83 -- Election Petition -- Absence of Full Particulars of Corrupt Practice -- An election petition alleging corrupt practice must set out full particulars, including the parties involved and the date and place of the practice, and must plead how the alleged act constitutes assistance furthering the prospects of the returned candidate. Absence of such particulars renders the petition liable to rejection under Order VII Rule 11 CPC. (iii) Representation of the People Act, 1951, S.61A -- Conduct of Election Through Voting Machine -- Notification Requirement Under Section 61A -- Compliance with the requirement to specify that elections will be conducted through voting machines is satisfied by issuance of a press note. A separate formal notification is not required under Section 61A.
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