LAWS(CHH)-2019-2-2

RAKESH CHOUBEY Vs. ELECTION COMMISSION OF INDIA

Decided On February 06, 2019
Rakesh Choubey Appellant
V/S
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

(1.) Writ application was filed by the Appellant before a learned Single Judge making the Election Commission of India as well as the Chief Election Officer, Chhattisgarh as Respondents.

(2.) The dispute arose out of a by-election which was held on 13.09.2014 in Constituency No. 79 known as Antagarh for the Chhattisgarh State Legislative Assembly. One Bhoj Raj Nag was returned unopposed.

(3.) An Election Petition No. 16 of 2014 under Section 80 and 80A read with Section 81 of the Representation of People Act, 1951 was filed challenging the election on the ground that certain corrupt practice had been adopted in the election. The election petition was tried and vide judgment dated 08.12.2017, the Election Tribunal dismissed the election petition being devoid of merit.