BHIM RAO BASWANTH RAO PATIL versus K. MADAN MOHAN RAO AND ORS.

Citation: [2023] 9 S.C.R. 1218 · Decided: 24-07-2023 · Supreme Court of India · Bench: S. RAVINDRA BHAT · Disposal: Dismissed
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1218
SUPREME COURT REPORTS
[2023] 9 S.C.R.
[2023] 9 S.C.R. 1218 : 2023 INSC 641
1218
BHIM RAO BASWANTH RAO PATIL
v.
K. MADAN MOHAN RAO AND ORS.
(Civil Appeal No. 4632 of 2023)
JULY 24, 2023
[S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.]
Code of Civil Procedure, 1908 – Or. VII, r.11, Or. XII, r.6 –
Representation of People Act, 1951 – ss. 8, 33A, 33B, 81, 84, 100 –
Appellant was a successful candidate in the election – The respondent
preferred an election petition against appellant u/ss. 81 & 84 r/w
ss. 100(1)(d)(i)(ii)(iii) & (iv) of 1951 Act alleging, inter-alia,
furnishing of false information, non-disclosure of cases pending
and those in which appellant was convicted – Appellant filed
application u/Or. VII, r.11 of CPC for its rejection – It was contended
that mandatory requirements u/ss. 81 and 81(3) were not followed
and criminal cases did not fall within ss. 8 & 33A of the Act – High
Court was of the opinion that taking in the overall conspectus of
facts available on record did not lead to a compelling reason for
rejecting petition – Accordingly, application was dismissed – On
appeal, held: The alleged non-compliance with statutory and
Election Commission mandated regulations, and their legal effect,
cannot be examined in what are essentially summary proceedings
u/Or. VII, r.11 of CPC, or even Or. XII, r.6 of CPC – Even if the
allegations regarding non-disclosure of cases where the appellant
has been arrayed as an accused, are ultimately true, the effect of
such allegations has to be considered after a full trial – The
admission of certain facts by the election petitioner cannot be
sufficient for the court to reject the petition, wholly – Judgment of
High Court cannot be faulted.
Constitution of India – Right to vote – The right to vote, based
on an informed choice, is a crucial component of the essence of
democracy – The citizen has an inalienable right to exercise her or
his right to franchise – This finds articulation in Art. 326 of the
Constitution.
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Dismissing the appeal, the Court
HELD:1. A plain look at the election petition reveals that
apart from allegations pertaining to non-disclosure of criminal
cases pending against the appellant, or cases where he was
convicted, other averments and allegations have been made
regarding non-compliance with stipulations regarding information
dissemination and the manner of dissemination through
publication in newspapers, the font size, the concerned
newspapers’ reach amongst the populace, etc. The alleged non-
compliance with statutory and Election Commission mandated
regulations, and their legal effect, cannot be examined in what
are essentially summary proceedings under Order VII Rule 11,
CPC, or even under Order XII Rule 6, CPC. Even if the
allegations regarding non-disclosure of cases where the appellant
has been arrayed as an accused, are ultimately true, the effect of
such allegations (in the context of provisions of law and the non-
disclosure of all other particulars mandated by the Election
Symbols orders) has to be considered after a full trial. The
admission of certain facts (and not all) by the election petitioner
cannot be sufficient for the court to reject the petition, wholly.
Even in respect of the undeniable nature of the judicial record,
the effect of its content, is wholly inadequate to draw a decree in
part. [Para 26][1237-C-F]
2. The right to vote, based on an informed choice, is a crucial
component of the essence of democracy. This right is precious
and was the result of a long and arduous fight for freedom, for
Swaraj, where the citizen has an inalienable right to exercise her
or his right to franchise. This finds articulation in Article 326 of
the Constitution. The elector or voter’s right to know about the
full background of a candidate- evolved through court decisions-
is an added dimension to the rich tapestry of our constitutional
jurisprudence. Keeping this in mind, this court is of the opinion
that if the appellant’s contentions were to be accepted, there would
be a denial of a full-fledged trial, based on the acknowledgement
that material facts were not suppressed. Whether the existence
of a criminal case, where a charge has not been framed, in relation
to an offence which does not possibly carry a prison sentence, or
a sentence for a short spell in prison, and whether conviction in a
BHIM RAO BASWANTH RAO PATIL v. K. MADAN MOHAN
RAO AND ORS.
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1220
SUPREME COURT REPORTS
[2023] 9 S.C.R.
case,
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