Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: 0.7 r. 11 (a) - Cause of action |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:0.7, r. 11 (a) - Cause of action - Election petition - c Challenging the election· of returned candidate to State Legislative Assembly -. On the ground of disqualification as he was holding office of profit, i.e. Chairperson of Kera/a State Wakf Board - Petition dismissed by High Court holding that it did not disclose a complete cause of action or a triable issue D - Held: The inquiry under 0. 7, r. 11 (a) is only as to whether the facts as pleaded disclose a cause of action arid not complete cause of action - The limited inquiry is only to see whether the petition should be thrown out at the threshold - Holding an office of. profit under Government of India or E Governm·ent of any State is the disqualification - Whether that ground is discernible if the election petition is read as a whole, is the simple exercise to be undertaken by High Court, when called upon to do so under 0. 7, r. 11 (a) - In the instant case, the averments made in the election petition clearly disclose a cause of action, viz. respondent was holding the position as F Chairperson of Kera/a State Wakf Board and deriving financial benefits from Kera/a Government and, as such, was disqualified under Art. 191(1)(a) of the Constitution of India, as holding of an office of profit under State Government of G Kera/a - That is the triable issue in the election petition.Representation of the People Act, 1951:s. 83 - Election petition - Material facts - Election ofreturned candidate challenged on the ground of disqualification as he was holding an office of profit - High Court rejecting the petition holding that it did not contain a pleading that respondent was holding an office of profit under State Government - Held: The requirement u/s 83(1)(a) in s contradistinction to s.83(1)(b) is that the election petition need contain only a concise statement of the material facts and not material particulars - The expression 'material facts' plainly means facts pertaining to the subject matter and which are relied on by the election petitioner - If the party does not c prove those facts, he fails at the trial - In the instant case, the pleadings, (as contained in election petition and Annexure P1 (d), which forms an integral part of election petition) if taken as a whole, would clearly show that they constitute the material facts so as to pose a triable issue as to whether respondent . is disqualified to contest election to Kera/a State Legislative 0 Assembly while holding an office of profit under State government as Chairperson of Kera/a State Wakf Board - In an election petition, the requirement uls 83 is to provide a precise and concise statement of material facts - The expression 'material facts' plainly means facts pertaining to E the subject matter and which are relied on by election petitioner - Constitution of India, 1950 - Art.191s.83 - Election petition - Annexures thereto- Held: In the instant case, all the annexures attached to election petition F in the instant case have been signed and verified by election petitioner as per the requirement uls 83(2) - Therefore, Annexure-P1 (d) to the election petition forms an integral part of election petition - There is a clear and unambiguous plea that respondent was holding the post of Chairman, Kera/a State Wakf Board, an office of profit under Government of Kera/a and, as such, he was disqualified. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 575 |
Petitioner | Ashraf Kokkur |
Respondent | K.v. Abdul Khader Etc. |
SCR | [2014] 7 S.C.R. 1123 |
Judgement Date | 2014-08-29 |
Case Number | 69-70 |
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