Case Note & Summary
The petitioner, an ex-Member of Parliament residing in Nani Daman, filed an election petition on 29 June 2009 challenging the election of Respondent No.1 from the Daman and Diu Parliamentary constituency. The petition also impleaded other candidates (Respondents 5 to 9) who contested and lost. The court had issued notices on 27 July 2009. Respondent No.1 appeared and filed a written statement. The court framed issues and heard arguments on the preliminary objection regarding maintainability. The petitioner alleged various irregularities including corrupt practices, but the court found that the petition lacked material facts and particulars as required under Section 83 of the Representation of the People Act, 1951. The court noted that the affidavit accompanying the petition was not in the prescribed form. Applying Order VI Rule 16 and Order VII Rule 11 of the Code of Civil Procedure, 1908, the court held that the petition did not disclose a cause of action and was liable to be dismissed. The court dismissed the election petition with costs.
Headnote
A) Election Law - Election Petition - Material Facts - Section 83(1)(a) of the Representation of the People Act, 1951 - The petition must contain a concise statement of material facts on which the petitioner relies. The court held that the petition lacked material facts and was vague, failing to disclose a cause of action. (Paras 5-10) B) Election Law - Corrupt Practice - Particulars - Section 83(1)(b) of the Representation of the People Act, 1951 - Allegations of corrupt practice must be supported by full particulars. The court found that the petition did not provide necessary particulars and the affidavit under Section 83(3) was not in proper form. (Paras 11-15) C) Civil Procedure - Striking Out Pleadings - Order VI Rule 16 of the Code of Civil Procedure, 1908 - The court has power to strike out pleadings that are unnecessary, scandalous, or may prejudice or embarrass a fair trial. The court applied this principle to election petitions. (Para 16) D) Civil Procedure - Rejection of Plaint - Order VII Rule 11 of the Code of Civil Procedure, 1908 - A plaint can be rejected if it does not disclose a cause of action. The court held that the election petition was liable to be rejected under this provision. (Para 17)
Issue of Consideration
Whether the election petition discloses a cause of action and complies with the requirements of Section 83 of the Representation of the People Act, 1951, and whether it is liable to be dismissed for want of material facts and non-compliance with statutory provisions.
Final Decision
The court dismissed the election petition with costs, holding that it lacked material facts and did not comply with Section 83 of the Representation of the People Act, 1951, and that no triable issue arose.
Law Points
- Election petition must contain concise statement of material facts
- non-compliance with Section 83 of Representation of the People Act
- 1951 leads to dismissal
- Order VI Rule 16 and Order VII Rule 11 CPC apply to election petitions
- corrupt practice allegations require full particulars and affidavit under Section 83(3)
- no triable issue arises if petition lacks material facts
