CMPMO No. 2 of 2015. Case: Secretary State Election Commission and Ors. Vs Virender Kapil and Ors.. Himachal Pradesh High Court
| Case Number | CMPMO No. 2 of 2015 |
| Counsel | For Appellant: Nishi Goel, Advocate and For Respondents: Ramakant Sharma, Senior Advocate and Basant Thakur, Advocate |
| Judges | Sureshwar Thakur, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order VII Rule 11 |
| Judgement Date | Monday April 10, 2017 |
| Court | Himachal Pradesh High Court |
Judgment:
Sureshwar Thakur, J.
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Respondent No. 1 herein/plaintiff Virender Kapil instituted a suit against the defendants/petitioners herein, for monetary damages comprised in a sum of Rs. 15,00,500/- only arising from the purported statutory omissions besides breaches of official duty(ies) by defendant No. 3, in omissions/breaches whereof, other defendants vicariously recorded their participation vis-à-vis the aforesaid co-defendant, statutory omissions/breaches whereof purportedly arose from theirs illegally rejecting the nomination papers of the plaintiff/respondent No. 1 herein on account of his father holding government land as an encroacher, whereas, this Court while deciding CWP No. 8497 of 2010 pronouncing therein qua the order of the Returning Officer concerned, whereupon, he rejected the nomination papers of the plaintiff/respondent No. 1, on the score qua his father unauthorisedly encroaching upon government land, conspicuously, when thereupon, the plaintiff stood not rendered to fall within the ambit of the coinage "family" occurring in Section 122 (1) (c) of the H.P. Panchayati Raj Act, thereupon, the apposite statutory ill consequence(s) not warranting their befallment upon him, warranting hence theirs standing quashed. In sequel thereto, the plaintiff/respondent No. 1 herein was permitted to contest election(s) to the post of Vice President (Up Pradhan), of G.P. Tatapani. However, he did not succeed in the elections. Subsequent, to the pronouncement recorded by this Hon'ble Court in CWP No. 8497 of 2010, pronouncement whereof...
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