Supreme Court Dismisses Election Petitioner's Challenge Against High Court Order Striking Out Prayer for Declaration as Duly Elected in Karnataka Assembly Election Dispute. High Court Correctly Disallowed Amendment to Introduce Pleadings Under Section 101 of Representation of the People Act, 1951 After 18 Months.

Civil appeal against interim orders in an election petition challenging the election of a returned candidate to the Karnataka State Legislative Assembly.

The election petitioner sought to set aside the election of the first respondent, declare the first respondent void of corrupt practices, and declare the petitioner as duly elected.

The election petitioner challenged the election of the first respondent on grounds of corrupt practices and sought to be declared elected.

The High Court of Karnataka partly allowed the petitioner's amendment application (I.A. No. 1 of 2020) but disallowed the part relating to Section 101(b) of the Representation of the People Act, 1951, and allowed the first respondent's application (I.A. No. 4 of 2019) to strike out prayer (c) in the election petition.

Whether the High Court was justified in allowing the application for striking out prayer (c) in the election petition? Whether the High Court was justified in partially disallowing the amendment application seeking to introduce pleadings under Section 101(b) of the Representation of the People Act, 1951?

Mr. Shekhar Naphade, learned senior counsel for the petitioner, argued that the petitioner can still pursue prayer (b) and in the event of success, may be entitled to press for relief in terms of prayer (c). He contended that involvement in corrupt practices does not get washed away by subsequent resignation. The first respondent argued that the election petition lacked necessary pleadings under Section 101 of the Act, and the amendment was barred by limitation.

An election petition must contain material facts necessary for the court to form an opinion under Section 101 of the Representation of the People Act, 1951. Amendment to introduce such pleadings after 18 months is barred by limitation and cannot be allowed. Further, the rule for declaration of the election petitioner as duly elected under Section 101 applies only when there are two candidates; with multiple candidates, the petitioner cannot be declared elected even if corrupt practices are proved.

As observed by the High Court, pleadings necessary for the High Court to form an opinion in terms of Clause (a) or Clause (b) of Section 101 of the Act were not there in the election petition. The election petitioner cannot be allowed to suddenly wake up to the reality of lack of pleading of material facts, relating to his rights in terms of section 101 after more than 18 months of the filing of the election petition. Once it is found that neither the original election petition nor the amended election petition contains any pleading of material facts which would enable the High Court to form an opinion in terms of Section 101, there was no alternative for the High Court but to strike off prayer (c). The Constitution Bench cautioned that the rule for the exclusion of the votes secured by corrupt practices by the returned candidate in the computation of the total votes and the consequential declaration of the candidate who secured the next highest number of votes as duly elected, can be applied only when there are just two candidates at an election.

The election petition (E.P. No. 11 of 2018) was filed on 13.07.2018 before the High Court of Karnataka. The first respondent filed I.A. Nos. 2, 3, and 4 of 2019 seeking striking out pleadings, rejection of petition, and striking out prayer (c). The petitioner filed I.A. Nos. 1 and 4 of 2020 seeking amendment and leave to produce documents. The High Court passed a common order on 20.03.2020, partly allowing I.A. No. 1 of 2020, fully allowing I.A. No. 4 of 2020, rejecting I.A. Nos. 2 and 3 of 2019, and allowing I.A. No. 4 of 2019 to strike out prayer (c). The petitioner challenged this order in the Supreme Court via Special Leave Petitions (Civil) Nos. 6787-6788 of 2020.

• Representation of the People Act, 1951: 83(1)(a), 100(1), 101, 101(a), 101(b), 123
• Constitution of India: Articles 75(1B), 164(1B), 361B