NDLI: Kanimozhi Karunanidhi Vs. A. Santhana Kumar & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Representation of the People’s Act s.83(1)(a) Noncompliance of 1951 Consequences of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Representation of the People’s Act, 1951 – s. 83(1)(a) – Noncompliance of – Consequences of – Held: s. 83(1)(a) mandates that an Election petition shall contain a concise statement of material facts on which the petitioner relies – If material facts are not stated in an Election petition, the same is liable to be dismissed on that ground alone, as the case would be covered by Clause (a) of r. 11 of Or. 7 of the CPC – Code of Civil Procedure, 1908 – Or.7, r.11(a). Representation of the People’s Act, 1951 – ss. 100(1)(d)(iv), 83(i) (a) – Respondent no.1 filed Election Petition seeking declaration that the election of the appellant-returned candidate from No. 36, Thoothukudy Lok Sabha Constituency, in the Lok Sabha election was void and liable to be set aside – The ground urged was that the appellant did not provide information w.r.t the payment of income tax of her spouse (a foreign citizen as per the appellant) in the affidavit in Form no.26 – Appellant sought rejection of the election petition, applications dismissed – Held: Appellant filled in all the columns of Form No.26 by furnishing the information with regard to her Permanent Account Number (PAN) and status of filing of income tax return etc. and of her husband wherever applicable – If according to the respondent, the appellant had suppressed the PAN of her spouse and also about the non-payment of income tax of her spouse in the foreign country, it was obligatory on the part of the respondent to state in the Election petition as to what was the PAN of the spouse of the appellant in India which was suppressed by her and how the other details furnished about her husband in the said Form No. 26 were incomplete or false – Mere bald and vague allegations without any basis would not be sufficient compliance of the requirement of stating material facts in the Election Petition – There are no material facts stated in the petition constituting cause of action u/s. 100(1)(d)(iv)– Election petition dismissed u/ Or.VII, r.11(a), CPC r/w s.83(i)(a) – Impugned judgment of the High Court set aside – Conduct of Election Rules 1961 – rr. 4, 4A – Constitution of India – Article 324 – Code of Civil Procedure, 1908 – Or. 7, r. 11(a). Representation of the People’s Act, 1951 – Right to elect, right to be elected and the right to dispute an election – Nature of – Held: A right to elect is neither a fundamental right nor a common law right – It is purely a statutory right – Similarly, right to be elected and the right to dispute an election are also statutory rights subject to statutory limitations – An Election petition is not an action at common law, nor in equity – It is a special jurisdiction to be exercised in accordance with the statute creating it – The Election petition is a serious matter, it cannot be treated lightly or in a fanciful manner nor is it given to a person who uses it as a handle for vexatious purpose – Constitution of India – Part-XV. Words & Phrases – “material facts” – What constitutes – Discussed – Representation of the People’s Act, 1951 – s. 83(1) (a).
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2023 INSC 499
Petitioner	Kanimozhi Karunanidhi
Respondent	A. Santhana Kumar & Ors
SCR	[2023] 4 S.C.R. 798
Judgement Date	2023-05-04
Case Number	3411

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