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 123 1951 – ss.83 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Representation of the People Act, 1951 – ss. 83, 123 – Failure to plead material facts in the election petition concerning alleged corrupt practice – Held: s. 123 defines corrupt practices – s. 83(1) (a) mandates that an election petition must contain a concise statement of material facts – When the allegation is of corrupt practice, the basic facts constituting corrupt practice must be pleaded in order to comply with s. 83(1)(a) – In the present case, such concise facts were not at all pleaded – Basic facts cannot be pleaded only by stating that the same find place in the documents relied upon – Failure to plead material facts concerning alleged corrupt practice is fatal to the election petition – As material facts regarding allegations of corrupt practice were not pleaded, the election petition does not disclose any cause of action as far as the ground of corrupt practice is concerned – Further, the ground of improper acceptance of the nomination paper is also not supported by material facts – In any case, the said ground is no longer relevant as the term of the appellant has already expired – No purpose will be served by keeping the Election Petition pending – Impugned judgment set aside – Applications filed by the appellant for rejection of the petition and/or for deletion of irrelevant paragraphs allowed – Election petition filed by first respondent is dismissed – Code of Civil Procedure, 1908 – O. VI, r. 16. Representation of the People Act, 1951 – Material Facts – Requirement of stating, non-compliance with – Effect of – Held: The material facts are the primary facts which must be proved on trial by a party to establish the existence of a cause of action – Non-compliance with the requirement of stating material facts must result in the rejection of the petition at the threshold. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2023 INSC 571 |
Petitioner | Senthibalaji V |
Respondent | A.p. Geetha And Ors |
SCR | [2023] 6 S.C.R. 546 |
Judgement Date | 2023-04-19 |
Case Number | 3895-3896 |
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