Case Note & Summary
The judgment pertains to an application filed by the original respondent in an election petition seeking to strike out certain paragraphs from the petition. The election petition was filed by Narayan Gunaji Sawant, a voter of the Sawantwadi Legislative Assembly Constituency, challenging the election of Deepak Vasant Kesarkar, the elected candidate. The petitioner alleged that the respondent had committed a breach of Section 33A of the Representation of People Act, 1951 read with Rule 4A of the Conduct of Election Rules, 1961 and the directions of the Election Commission of India dated 27 March 2003 by filing a false affidavit in Form No.26 and an incorrect/incomplete affidavit as per Annexure A. The petitioner claimed that the respondent failed to give details about criminal cases pending against him and gave wrong or no details of movable and immovable properties, thereby improperly accepting his nomination and materially affecting the election. The respondent filed a written statement and then the present application for striking out paragraphs 11, 12, 13, and 17 of the election petition on the ground that they did not disclose any triable issue. The court examined the pleadings and found that they were vague and did not make out a case that the respondent had committed any breach of the said provisions. Consequently, the court allowed the application and directed that the said paragraphs be struck off from the election petition.
Headnote
A) Election Law - Striking Out Pleadings - Order 6 Rule 16 CPC - Non-Disclosure of Triable Issue - The court examined whether paragraphs 11, 12, 13, and 17 of the election petition disclosed a cause of action for breach of Section 33A of the Representation of People Act, 1951 read with Rule 4A of the Conduct of Election Rules, 1961 and the Election Commission's directions dated 27 March 2003. The court held that the pleadings were vague and did not make out a case that the respondent had committed any breach, and therefore directed that the said paragraphs be struck off from the election petition. (Paras 1-4) B) Election Law - Affidavit in Form No.26 - Section 33A Representation of People Act, 1951 - Requirement of Full Disclosure - The court considered the requirement for a candidate to file an affidavit disclosing criminal cases and assets. The court found that the petitioner's allegations of false or incomplete affidavit did not specify which details were false or incomplete, and thus failed to disclose a triable issue. (Paras 3-4)
Issue of Consideration
Whether the pleadings in paragraphs 11, 12, 13, and 17 of the election petition disclose a triable issue regarding breach of Section 33A of the Representation of People Act, 1951 read with Rule 4A of the Conduct of Election Rules, 1961 and the directions of the Election Commission of India dated 27 March 2003, and whether they are liable to be struck off under Order 6 Rule 16 of the Code of Civil Procedure, 1908.
Final Decision
The court allowed the application and directed that paragraphs 11, 12, 13, and 17 of the election petition be struck off.
Law Points
- Striking out pleadings
- non-disclosure of triable issue
- Order 6 Rule 16 CPC
- Section 83 Representation of People Act
- 1951
- Section 33A Representation of People Act
- Rule 4A Conduct of Election Rules
- 1961
