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    <title>2003 (9) TMI 773 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=172877</link>
    <description>The Supreme Court allowed the appeal, overturning the Jharkhand High Court&#039;s decision to dismiss an election petition challenging a returned candidate&#039;s election in the Panki Legislative Assembly Constituency. The Court held that the Tribunal erred in dismissing the petition based on maintainability grounds, emphasizing that specific non-compliance with provisions is required for dismissal under Section 86 of the Representation of the People Act, 1951. The Court clarified that the petition should proceed to a full trial to address issues such as estoppel and the validity of rejected ballot papers, stating that dismissal at the threshold is improper. The Tribunal was found to have exceeded its jurisdiction, and the order was set aside.</description>
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    <pubDate>Tue, 23 Sep 2003 00:00:00 +0530</pubDate>
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      <title>2003 (9) TMI 773 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=172877</link>
      <description>The Supreme Court allowed the appeal, overturning the Jharkhand High Court&#039;s decision to dismiss an election petition challenging a returned candidate&#039;s election in the Panki Legislative Assembly Constituency. The Court held that the Tribunal erred in dismissing the petition based on maintainability grounds, emphasizing that specific non-compliance with provisions is required for dismissal under Section 86 of the Representation of the People Act, 1951. The Court clarified that the petition should proceed to a full trial to address issues such as estoppel and the validity of rejected ballot papers, stating that dismissal at the threshold is improper. The Tribunal was found to have exceeded its jurisdiction, and the order was set aside.</description>
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      <pubDate>Tue, 23 Sep 2003 00:00:00 +0530</pubDate>
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