NDLI: Nandiesha Reddy Vs. Mrs. Kavitha Mahesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	REPRESENTATION OF THE PEOPLE ACT 1951:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Representation of The People Act, 1951 (43 of 1951)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	REPRESENTATION OF THE PEOPLE ACT, 1951: ss. 83, 87 and 100 (1)(c) of the Act and 0. 6, r. 16, 0. 7, r. 11 CPC - Election petition - Challenging the election of the Returned Candidate - On the ground that nomination of the election petitioner was illegally not accepted by the Returning Officer - Applications for striking off the pleadings and for dismissal of the petition for non-compliance of ss. 33 and 34 and on the ground that the election petition did not contain concise statement of material facts and that the material facts did not disclose any cause of action - "Material facts" - Connotation of - HELD: From a plain reading of the averments made in the election petition, it is evident that the election petitioner has averred that nomination paper was signed by 10 electors, she asked for the latest electoral roll for verifying and extracting the part numbers and serial numbers of the proposers, but it was denied and when she delivered the nomination paper to the Returning Officer, he did not receive the same - These statements at this stage have to be accepted as true - Thus, the election petition does contain material facts and one of the grounds for declaring the election as void in terms of s. 100 (1) (c) was specifically pleaded - Therefore, the election petition is not liable to be dismissed at the threshold and the matter is fit to go for trial - Whether the material facts are true or not is a matter of trial - The High Court has rightly rejected the applications - Code of Civil Procedure, 1908 - 0. 6, r. 16 and 0. 7, r. 1.s. 81 - Election petition - Locus - "Candidate" - Connotation of - -HELD: An election petition, calling in question any election can be presented by any.candidate at such election - Candidate would not be only such person whose nomination has been found valid - In the instant case, there is clear averment in the election petition that nomination paper was subscribed by 10 electors and delivered to the Returning Officer, but he did not receive the same - Thus, the election petitioner shall be deemed to be a candidate entitled to challenge the election of the returned candidate.s. 33 - Election to the State Legislative Assembly - Rejection of nomination - HELD: When a nomination paper is presented, it is the bounden duty of the Returning Officer to receive the same, peruse it, point out the defects, if any,. and allow the candidate to rectify the defects and when the defects are not removed, then alone the question of rejection of nomination would arise. s. 34 -Election to State Legislative Assembly - Deposit to be made by the candidate - Nomination paper not received by the Returning Officer- HELD: There was still time for presenting the nomination paper and had the same been accepted for scrutiny the deposit could have been made by the election petitioner.
Judge	Hon'ble Mr. Justice C.K. Prasad
Neutral Citation	2011 INSC 480
Petitioner	Nandiesha Reddy
Respondent	Mrs. Kavitha Mahesh
SCR	[2011] 8 S.C.R. 154
Judgement Date	2011-07-08
Case Number	5143

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