LexAZHAR HUSSAIN versus RAJIV GANDHI
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A B c D E F G H 782 AlHAR RUSS\IN v. RAJIV G\Nllll APR_IL_ 25, 1986 [E.S. VENK<\.'t<\.R<\.Mr&q AND M.P. 'Il!AKKAR, JJ.] Representation of the People Act, 1951 : Section 80 to 83, 86 & 87 - Election Petition - Mandatory requirerent to furnish nnterial facts and particulars - Non compliance - Summary dismissal of election petition - What are nnterial particulars to be incorporated in ~Jill. an Election Petition. . I H Civil Procedure Code, 1908 - Order 6 Rule 16 and Order 7 - Rule ll(a) - Election Petition - Applicability of. The respondent having secured the highest votes in the 1984 general eiections was declared elected as a Member of the Lok Sabha from -the Amethi Constituency of Uttar Pradesh. Ot\ the last date for challenging the election, the appellant, an elector from that constituency filed an election petition"- challenging the election of the respondent alleging various corrupt practices. The respondent upon being served, instead of filing a written statement, raised preliminary objection to the maintainability of the petition contending that the petition was lacking in material facts and particulars and was defective on that account, and that since it did not disclose -t any cause of action it deserved to be dismissed. The High Court upheld the preliminary objection of the -+-.- respondent and dismissed the petition. \ In _the appeal to this Court on behalf of the appellant it wa11 contended : ( 1) that where the legislature wanted to provide for summry dismissal of the election petition-, the legislature has spoken on the matter and that the intention was to provide for sW111Bry dismissal only in case of failure + to comply with the requiremant of sections 81, 82 and 117 and not section 83; (2) that the powers to reject an election petition sU1J11Brily under_the provisions of the Code of Civil . ~ t AZHAR HUSSAIN v. RAJIV GANDHI 783 Procedure should not be exercised at the threshold, and that the Court IDlSt proceed with the trial, record the evidence, and only after the trial of the election petition is concluded that the powers under the Code of Civil Procedure for dealing with the defective petition which does not disclose cause of action should be exercised. Dismissing the appeal, llKLD : l. The results of an election are subject to judicial scrutiny and control only with an eye on two ends. First, to ascertain that the 'true' will of the people is reflected in the results and second, to secure that only the persons who are ·eligible and qualified under the Constitution obtain the representation. In order that the "true Will" is asce.rtained the Courts will step in to protect and safeguard the purity of Elections, for, _if corrupt practices have influenced the result, or the electorate has ~en a victim of fraud or deception or compulsion on any essential matter, the will of the people as recorded in their votes is not the 'free and true' will exercised intelligently by deliberate choice. It is not the will of the people in the true sense at all. And the Courts would, therefore, be justified in setting aside the election in accordance with the law if the corrupt practices are established. So also when the essential qualifications for eligibility demanded by the constitutional requirement are not fulfilled, the fact that the successful candidate is the true choice of the people is a consideration which is totally irrelevant notwithstanding the fact that it would be virtually impossible to re-enact the elections· and reascertain the wishes of the people at the fresh elections, the time scenario having changed. (788 B-F] 1.1 In matters of election the will of the people IDlSt prevail and Gour.ts. would be understandably extremely slow to set at naught the will of the people truely and freely exercised. If Courts were to do otherwise, the Courts would be pitting their will against the . will of the people, or countermanding the choice of the people without any object, aim or purpose. But where corrupt practices are_established the result of the election does not echo the true voice of the people. The Courts would not then be deterred by the aforesaid considerations which in the corruptior-scenario lose A B c D E F G H A B c D E F' G 784 SUPREME COURT REPORTS (1986] 2 s.c.R. relevance. Such would be the approach of the Court in an, election matter where a corrupt practice is establishe
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