Case Note & Summary
The petitioner, Sambhaji Laxmanrao Pawar, filed an election petition under the Representation of the People Act, 1951, challenging the election of Respondent No.1, Bhaskarrao Bapurao Khatgaonkar Patil, as the returned candidate for the 16 Nanded Parliamentary Constituency. The results were declared on 16th May 2009, and Respondent No.1, belonging to the Indian National Congress Party, was declared elected. The petitioner alleged irregularities and sought to set aside the election. Respondent No.1 filed a written statement raising preliminary objections regarding the maintainability of the petition. He contended that the petition did not satisfy the requirements under Section 81(3) (which requires the petition to be accompanied by an affidavit and attested by a witness) and Section 83 (which requires the petition to contain a concise statement of material facts and be verified in the manner laid down in the Code of Civil Procedure, 1908). Respondent No.1 also argued that the petition did not disclose any cause of action and was liable to be summarily dismissed. The Court, after hearing the parties, considered the preliminary objections. The Court examined the petition and found that it lacked material facts and proper verification. The Court held that the petition did not comply with the mandatory provisions of Section 81(3) and Section 83 of the Act, and therefore, it was liable to be dismissed at the threshold. The Court dismissed the election petition with costs.
Headnote
A) Election Law - Maintainability of Election Petition - Sections 81(3), 83, Representation of the People Act, 1951 - Preliminary Objection - The petition challenged the election of the returned candidate to the 16 Nanded Parliamentary Constituency - The respondent raised a preliminary objection that the petition did not comply with Section 81(3) (requirement of attestation by a witness) and Section 83 (requirement of material facts and proper verification) - The Court examined the petition and found that it lacked material facts and proper verification, and the cause of action was not disclosed - Held that the petition is liable to be dismissed at the threshold for non-compliance with mandatory provisions (Paras 1-3).
Issue of Consideration
Whether the election petition satisfies the requirements under Section 81(3) and Section 83 of the Representation of the People Act, 1951, and whether it discloses a cause of action.
Final Decision
The election petition is dismissed at the threshold for non-compliance with Section 81(3) and Section 83 of the Representation of the People Act, 1951.
Law Points
- Election petition must disclose cause of action
- Election petition must comply with Section 81(3) and Section 83 of the Representation of the People Act
- 1951
- Non-compliance leads to dismissal at threshold
