Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | The Representation of the People’s Act |
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 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of People Act, 1951 – Election petition filed under ss. 100(1)(b) and 100(1)(d)(i) RP Act to declare election of Appellant void – Allegation raised regarding false statement, suppression and misrepresentation of facts regarding educational qualification and suppression of fact regarding financial liability – Same amounting to corrupt practice u/s. 100(1)(b) RP Act – Further alleging improper acceptance of nomination u/s. 100(1)(d)(i) RP Act – Application filed by Appellant under Order VII Rule 11 CPC r/w s. 87 RP Act for rejection of petition – High Court dismissed said application. Held: RP Act is self-contained code – Any rights claimed in relation to election, election dispute must be found therein – If allegations in petition do not set out grounds contemplated by s. 100 RP Act and do not conform to requirement of ss. 81 and 83 RP Act, election petition liable to be rejected under Order VII Rule 11 CPC – Pleadings to be precise, specific, unambiguous – Material facts to be pleaded to show cause of action – When alleging corrupt practice in nature of undue influence, pleadings must state full particulars as required u/s. 83(1)(b) RP Act regarding direct or indirect interference or attempt to interfere by candidate, with free exercise of electoral right as required u/s. 123(2) RP Act – When alleging improper acceptance of nomination, particulars showing how such improper acceptance materially affected result of election must be present – Omission of single material fact leading to incomplete cause of action would entail rejection of election petition under Order VII Rule 11 CPC r/w ss. 83 and 87 RP Act. [Paras 12-15, 19-24] |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2024 INSC 282 |
Petitioner | Karim Uddin Barbhuiya |
Respondent | Aminul Haque Laskar & Ors. |
SCR | [2024] 4 S.C.R. 523 |
Judgement Date | 2024-04-08 |
Case Number | 6282 |
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