Case Note & Summary
The Supreme Court allowed the appeal filed by Bhim Rao Baswanth Rao Patil against the judgment of the Telangana High Court dismissing his application for rejection of an election petition. The appellant was a successful candidate in the election for the Zaheerabad Parliamentary Constituency held on 11.04.2019 and was declared elected on 23.05.2019, defeating the respondent by a margin of 6229 votes. The respondent filed an election petition under Sections 81 and 84 read with Sections 100(1)(d)(i)(ii)(iii) & (iv) of the Representation of People Act, 1951, alleging that the appellant had furnished false information in Form 26 (election affidavit), that the Returning Officer had not followed the Election Commission's guidelines dated 10.10.2018, that the appellant filed false information in the C-4 report, and that there was no previous publication of papers regarding pending cases and convictions. The appellant applied under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the election petition on the ground that it did not disclose any cause of action and was barred by law. The appellant contended that the mandatory requirements under Sections 81 and 81(3) of the Act were not followed, that there was no pleading as to how the nomination paper was improperly accepted, and that non-disclosure of convictions under the Payment of Wages Act, 1936 and Minimum Wages Act, 1948 was not required as these offences did not fall under Section 8 of the Act. The High Court dismissed the application, leading to the appeal. The Supreme Court held that the election petition must be read as a whole to determine if it discloses a cause of action, and if it does not, it is liable to be rejected under Order VII Rule 11 CPC. The court found that the allegations regarding non-disclosure of convictions under the Payment of Wages Act and Minimum Wages Act were not substantial as these offences are not punishable with imprisonment of more than one year and thus not required to be disclosed under Section 8 of the Act. The court also held that substantial compliance with the Election Commission guidelines is sufficient, and minor deviations do not constitute a cause of action. The court allowed the appeal and set aside the High Court's order, directing rejection of the election petition.
Headnote
A) Election Law - Rejection of Election Petition - Order VII Rule 11 CPC - Cause of Action - The court considered whether the election petition disclosed a cause of action and was barred by law. The appellant contended that the petition did not disclose any cause of action and was liable to be rejected. The court held that the petition must be read as a whole to determine if it discloses a cause of action, and if it does not, it is liable to be rejected under Order VII Rule 11 CPC (Paras 1-4). B) Election Law - Disclosure of Criminal Cases - Sections 8, 33A Representation of People Act, 1951 - The court examined whether non-disclosure of convictions under the Payment of Wages Act, 1936 and Minimum Wages Act, 1948 was required. The court held that these offences do not fall under Section 8 of the Act as they are not punishable with imprisonment of more than one year, and thus non-disclosure was not a ground for rejection of nomination (Paras 2-3). C) Election Law - Compliance with Election Commission Guidelines - Substantial Compliance - The court considered allegations of non-compliance with Election Commission guidelines regarding font size, publication, and disclosure. The court held that substantial compliance with the law and guidelines is sufficient, and minor deviations do not constitute a cause of action for setting aside an election (Paras 2-3).
Issue of Consideration
Whether the election petition disclosed a cause of action and was liable to be rejected under Order VII Rule 11 CPC for non-compliance with mandatory requirements under Sections 81 and 84 read with Section 100(1)(d)(i)(ii)(iii) & (iv) of the Representation of People Act, 1951
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed rejection of the election petition under Order VII Rule 11 CPC
Law Points
- Election petition must disclose cause of action
- Order VII Rule 11 CPC applies to election petitions
- Non-disclosure of conviction under Payment of Wages Act and Minimum Wages Act not required under Section 8 of Representation of People Act
- 1951
- Allegations of non-compliance with Election Commission guidelines not substantial
