Case Note & Summary
The petitioner, Manohar @ Sagar Pundlik Dabrase, filed an election petition under Section 80 read with Section 100(1) of the Representation of the People Act, 1951, challenging the election of respondent no.3, Nitin Jairam Gadkari, as the returned candidate from Nagpur Lok Sabha Constituency in the May 2019 general elections. The petitioner, who was also a candidate, alleged non-compliance with various statutory provisions, rendering the election void. The respondent no.3 filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking dismissal of the petition for non-disclosure of cause of action and absence of material facts as required under Section 83(1)(a) of the Act. The court examined the pleadings and found that the petitioner merely made vague allegations without specifying which statutory provisions were violated or how the result of the election was materially affected. The court held that the election petition did not disclose a cause of action and lacked material facts, and therefore dismissed the petition under Order VII Rule 11 CPC.
Headnote
A) Election Law - Dismissal of Election Petition - Order VII Rule 11 CPC - Section 83(1)(a) of Representation of the People Act, 1951 - The court considered whether the election petition disclosed a cause of action and pleaded material facts. The petitioner alleged non-compliance with statutory provisions but failed to specify which provisions or how the result was materially affected. Held that the petition lacked material facts and was liable to be dismissed under Order VII Rule 11 CPC (Paras 1-3).
Issue of Consideration
Whether the election petition discloses a cause of action and whether material facts have been pleaded as required under Section 83(1)(a) of the Representation of the People Act, 1951, so as to avoid dismissal under Order VII Rule 11 of the Code of Civil Procedure, 1908.
Final Decision
The court allowed the application under Order VII Rule 11 CPC and dismissed the election petition for non-disclosure of cause of action and absence of material facts.
Law Points
- Election petition must disclose cause of action
- Material facts must be pleaded
- Order VII Rule 11 CPC applies to election petitions
- Section 83(1)(a) of Representation of the People Act
- 1951 requires concise statement of material facts
- Non-compliance with statutory provisions must be specifically pleaded
Case Details
2020 LawText (BOM) (02) 138
Civil Application (O) No. 1765/2019 and Election Petition No.07/2019
Shri Barun Kumar, Ms. Neerja Choubey, Shri Sumant Deopujari, Shri Sunil V. Manohar, Shri D.V. Chauhan, Shri N.B. Kirtane, Shri A.S. Manohar
Manohar @ Sagar s/o Pundlik Dabrase
The Election Commission of India, Returning Officer, Mr. Nitin Jairam Gadkari
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Nature of Litigation
Election petition challenging the election of a returned candidate from Nagpur Lok Sabha Constituency.
Remedy Sought
Declaration that the election of respondent no.3 is null and void.
Filing Reason
Alleged non-compliance with various statutory provisions during the election.
Issues
Whether the election petition discloses a cause of action.
Whether material facts have been pleaded as required under Section 83(1)(a) of the Representation of the People Act, 1951.
Submissions/Arguments
Petitioner argued that non-compliance with statutory provisions renders the election void.
Respondent no.3 argued that the petition lacks material facts and cause of action, and should be dismissed under Order VII Rule 11 CPC.
Ratio Decidendi
An election petition must disclose a cause of action and plead material facts as required under Section 83(1)(a) of the Representation of the People Act, 1951. Vague allegations without specifying which statutory provisions were violated or how the result was materially affected are insufficient to proceed with trial, and the petition is liable to be dismissed under Order VII Rule 11 of the Code of Civil Procedure, 1908.
Judgment Excerpts
This election petition filed under Section 80 read with Section 100 (1) of the Representation of the People Act, 1951 challenges the election of the respondent no.3 who has been declared as the returned candidate in the general elections from Nagpur Lok Sabha Constituency that were held in May 2019.
The respondent no.3 has filed an application under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking dismissal of the election petition on the ground that there is non-disclosure of any cause of action for seeking declaration as to the voidness of his election.
Procedural History
The election petition was filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951. The respondent no.3 filed an application under Order VII Rule 11 CPC seeking dismissal. The court heard arguments on 10.01.2020 and pronounced judgment on 11.02.2020.
Acts & Sections
- Representation of the People Act, 1951: 80, 100(1), 100(1)(d)(iv), 83(1)(a)
- Code of Civil Procedure, 1908: Order VII Rule 11
