Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 19S 1 : Sections 123(1)(B) & (2) 100(1)(b) & (d) and 79(d). |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of the People Act, 1951 : Sections 123(1)(B) & (2), 100(1)(b) & (d) and 79(d). Election--Corrupt practice-Bribery and undue influence-election to Rajya Sabha-Allegation that MLAs belonging to a political party other than the election petitioner's were entertained in five star hotels by the Chief Minister-The Chief Minister belonged to the returned candidate's political parfy--No allegations that the election petitioner was prevented from meeting any of those MLAs-Further allegation that Government appointed Chairmen for five State-owned Corporations after the commencement of the election process-But none of the nominees belonged to the election petitioner's party-Held: In the circumstances of the case, allegation of bribery and undue influence not established. Section 83(1)(c)- Election-Election petition-Affidavit-Verification of- Held : Has to conform not only to the form prescribed in substance but also must contain particulars as required by Rules-Otherwise petition is liable to be rejected at the threshold-Conduct of Election Rules, 1961, R.94-A. Sections 81, 83 and 86-Election-Election petition-Pleadings-Requirements of-Held : Cause of action must be disclosed-The court cannot dissect pleadings into several parts and consider whether each one of them discloses a cause of action-Petition has to be considered as a whole-There cannot be a partial rejection of the petition. Sections 81 and 83-Election-Election petition--Corrupt practice-Requirements-Held : Petition must be supported by affidavit which should disclose source of information-Petitioner must state which allegations are true to his knowledge and which to his belief-Allegation must be clearly and precisely stated-It should not be open to two equally possible inferences-It A has to be specifically alleged that the corrupt practice is committed with the consent of the returned candidate and that a particular electoral right o{ a person is affected.Sections 81, 83 (1) (c) and 86-Election-Election petition- -Material facts and material particulars-Difference between-Held: Failure to plead material facts is fatal to the election petition-Whereas absence of material particulars can be cured subsequently-But despite every opportunity to supply the material particulars the petitioner has not done so, the petition has to be rejected-However, no duty is cast on the High Court to direct suo moto the furnishing of better particulars-In the circumstances of the case, the petition lacked material facts, material particulars, was defective in verification and the affidavit not in the form prescribed. Hence, petition liable to be rejected-Code of Civil Procedure, 1908, Or. 6 R. 16 and Or. 7 R. 11. Doctrines : Doctrine of Substantial Compliance-Doctrine of Curability-Discussed. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 2000 INSC 24 |
Petitioner | V.narayanaswamy |
Respondent | C.p. Thirunavukkarasu |
SCR | [2000] 1 S.C.R. 292 |
Judgement Date | 2000-01-19 |
Case Number | 3871 |
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