Case Note & Summary
This case involved an appeal against an order of the High Court of Punjab and Haryana that dismissed an election petition filed by the appellant, Ravinder Singh, challenging the election of Janmeja Singh. The elections for the Punjab Legislative Assembly constituency No. 96, Perozepur Cantt, were held on February 7, 1997, with results declared on February 9, 1997. The appellant, representing the Congress Party, alleged corrupt practices under Sections 123(1)(A)(b) and 123(4) of the Representation of the People Act, 1951, against the returned candidate, who was backed by the Akali Dal (Badal group). The High Court dismissed the petition at the threshold, citing a lack of material facts and particulars necessary to support the allegations. The Supreme Court upheld this dismissal, noting that the election petition did not adequately allege that the returned candidate published false statements or that these statements were made with the requisite knowledge of their falsity. Furthermore, the court highlighted the absence of an affidavit supporting the bribery allegations under Section 123(1), which is a mandatory requirement under Section 83 of the Act. The court concluded that the defects in the petition were fatal and justified the High Court's decision to dismiss the case without trial. The appeal was dismissed with no order as to costs.
Headnote
A) Election Law - Corrupt Practices - Requirement of Affidavit - Representation of the People Act, 1951, Section 83 - The election petition was dismissed for failing to provide a supporting affidavit for allegations of corrupt practices, which is mandatory under the Act. The absence of necessary averments and supporting documents rendered the petition defective, preventing it from being put to trial. Held that the dismissal was justified due to fatal defects in the pleadings (Paras 1-4).
Issue of Consideration
Whether the election petition lacked material facts and particulars necessary to constitute a complete cause of action for setting aside the election of the respondent.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision to non-suit the election petitioner due to fatal defects in the election petition.
Law Points
- Election petition
- corrupt practices
- affidavit requirement
- preliminary objection
- Section 123(1)
- Section 123(4)
- Representation of the People Act
- 1951
