Section 100

The Rajasthan High Court rejected, under Order VII Rule 11 CPC, an election petition against the returned candidate for the Hanumangarh Assembly constituency. The petition alleged that 17 criminal cases were not disclosed but gave no FIR numbers, police stations or courts; the Court held that such bald pleadings disclosed no cause of action (paras 31-32, 37, 42, 47-48). A typing error citing non-existent 1967 Rules could be corrected (paras 28-30).

The Rajasthan High Court dismissed in limine a writ petition against a Returning Officer's order accepting a candidate's nomination for the MLA election from Dausa constituency. Improper acceptance or rejection of a nomination is a ground for declaring an election void under Section 100 of the Representation of the People Act, 1951, and Section 80 and Article 329(b) allow an election to be questioned only by an election petition (paras 5, 10, 12). The writ court would not examine whether the grounds for acceptance were flimsy or substantial (para 12).

The Rajasthan High Court dismissed, with costs, an election petition challenging the election of the returned candidate from the Barmer Parliamentary Constituency in 2019. The petitioner, dismissed from the Indian Police Service on 19.02.2019, had filed his nomination without the Election Commission's certificate under Section 33(3) of the Representation of the People Act, 1951. The Returning Officer had no option but to reject it, and a certificate issued after scrutiny could not change that (paras 39, 41, 45, 47).