HARKIRAT SINGH versus AMARINDER SINGH

Citation: [2005] SUPP. 5 S.C.R. 817 · Decided: 16-12-2005 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

,' 
HARKIRA T SINGH 
v. 
AMARINDER SINGH 
DECEMBER 16, 2005 
(Y.K. SABHARWAL, C.J., C.K. THAKKER AND 
P.K. BALASUBRAMANYAN, JJ.] 
Representation of the People Act, 1951: Section 12 3. 
A 
B 
Corrupt Practice-Election petition-Material facts-Disclosure of- C 
Election to State legislative Assembly--Elector of the constituency filed an 
election petition challenging election of the returned candidate on ground 
of corrupt practice-Government servant holding Class I gazetted post 
allegedly helped the returned candidate immensely during his election 
campaign--A Press Conference was allegedly organized for the returned D 
candidate for enhancing his election prospects-High Court dismissed the 
Elec:tion Petition on the ground that the petitioner had failed to disclose 
'material facts' as to corrupt practice constituting the cause of action-
Correctness of-Held: An election petition must contain a concise statement 
of 'material facts' on which the petitioner relies-It should also contain 'full 
particulars' of any corrupt practice that the petitioner alleges-It is absolutely E 
essential that all basic and primary facts which must be proved at the trial 
hy the party to establish the existence of a cause of action or de.fence are 
material facts and must be stated in the pleadings by the party-Jn the 
present case, 'material facts' of corrupt practice said to have been adopted 
hy the returned candidate had been set out in the petition with full F 
particulars-It has been expressly stated as to how the named Government 
servant assisted the returned candidate by doing several acts, as to complaints 
made against him by the authorities and taking of disciplinary action-
hence, High Court was wholly unjustified and rejecting the petition on the 
ground that material facts had not been set out in the election petition and 
that the election petition did not disclose a cause of action-Code of Civil G 
Procedure, 1908, 0. VJ R.2. 
Section 83-'Material facts' and 'Particulars '-Distinction between-
Explained . 
817 
H 
818 
SUPREME COURT REPORTS [2005] SUPP. 5 S.C.R. 
A 
Words and Phrases: 
"Material facts "-Meaning of-In the context of S. 83 of the 
Representation of the People Act, 1951. 
The appellant was an elector in the constituency from which the 
B respondent was declared elected to the State Legislative Assembly. The 
appellant filed an Election Petition in the High Court under Section 81 of the 
Representation of the People Act, 1951 questioning the election of the 
respondent on the ground of corrupt practice as enumerated in Section 123 
of the Act. It was alleged that a Government Servant holding Class I gazetted 
post helped the respondent immensely during his election campaign. The said 
C Government servant allegedly organized a Press Conference for the 
respondent for enhancing his election prospects. 
High Court dismissed the Election Petition on the ground that the 
petitioner had failed to disclose 'material facts' as to corrupt practice 
D constituting the cause of action in the election petition. Hence the appeal. 
Allowing the appeal, the Court 
HELD: 1. An election petition must contain a concise statement of 
'material facts' on which the petitioner alleges including a full statement of 
E the names of the parties alleged to have committed such corrupt practice and 
the date and place of commission of such practice Such election petition shall 
be signed by the petitioner and verified in the manner laid down in the Code 
of Civil Procedure, 1908 for the verification of pleadings. It should be 
accompanied by an affidavit in the prescribed from in support of allegation of 
such practice and particulars thereof. (835-D, E) 
F 
G 
H 
2. All material facts, thereof, in accordance with the provisions of the 
Representation of the People Act, 1951 have to be set out in the election 
petition. If the material facts are not stated in petition, it is liable to be 
dismissed on that ground as the case would be covered by Section ·83(1)(a) of 
the Act read with Rule ll(a) of Order VII of the Code. (835-FJ 
3. The expression 'material facts' has neither been defined in the Act 
nor i~ the Code. According to the dictionary meaning, 'material' means 
'fundamental,' 'vital, 'basic', 'cardinal', 'central', 'crucial', 'decisive', . 
'essential', 'pivotal', 'indispensable', 'elementary' or primary. The phrase 
..... 
HARKIRAT SINGH v. AMARINDER SINGH 
819 
'material facts', therefore, may be said to be those facts upo
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