KANIMOZHI KARUNANIDHI versus A. SANTHANA KUMAR & ORS

Citation: [2023] 4 S.C.R. 798 · Decided: 04-05-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 4 S.C.R.
   [2023] 4 S.C.R. 798
798
KANIMOZHI KARUNANIDHI
v.
A. SANTHANA KUMAR & ORS
(Civil Appeal No. 3411 of 2023)
MAY 04, 2023
[AJAY RASTOGI AND BELA M. TRIVEDI, JJ.]
Representation of the People’s Act, 1951 – s.83(1)(a) – Non-
compliance of – Consequences of – Held: s.83(1)(a) mandates that
an Election petition shall contain a concise statement of material
facts on which the petitioner relies – If material facts are not stated
in an Election petition, the same is liable to be dismissed on that
ground alone, as the case would be covered by Clause (a) of r.11 of
Or.7 of the CPC – Code of Civil Procedure, 1908 – Or.7, r.11(a).
Representation of the People’s Act, 1951 – ss.100(1)(d)(iv),
83(i)(a) – Respondent no.1 filed Election Petition seeking
declaration that the election of the appellant-returned candidate
from No. 36, Thoothukudy Lok Sabha Constituency, in the Lok Sabha
election was void and liable to be set aside – The ground urged was
that the appellant did not provide information w.r.t the payment of
income tax of her spouse (a foreign citizen as per the appellant) in
the affidavit in Form no.26 – Appellant sought rejection of the
election petition, applications dismissed – Held: Appellant filled in
all the columns of Form No.26 by furnishing the information with
regard to her Permanent Account Number (PAN) and status of filing
of income tax return etc. and of her husband wherever applicable –
If according to the respondent, the appellant had suppressed the
PAN of her spouse and also about the non-payment of income tax
of her spouse in the foreign country, it was obligatory on the part
of the respondent to state in the Election petition as to what was the
PAN of the spouse of the appellant in India which was suppressed
by her and how the other details furnished about her husband in
the said Form No. 26 were incomplete or false – Mere bald and
vague allegations without any basis would not be sufficient
compliance of the requirement of stating material facts in the Election
Petition – There are no material facts stated in the petition constituting
cause of action u/s.100(1)(d)(iv)– Election petition dismissed u/
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Or.VII, r.11(a), CPC r/w s.83(i)(a) – Impugned judgment of the High
Court set aside – Conduct of Election Rules 1961 – rr. 4, 4A –
Constitution of India – Article 324 – Code of Civil Procedure, 1908
– Or.7, r.11(a).
Representation of the People’s Act, 1951 – Right to elect, right
to be elected and the right to dispute an election – Nature of –
Held: A right to elect is neither a fundamental right nor a common
law right – It is purely a statutory right – Similarly, right to be elected
and the right to dispute an election are also statutory rights subject
to statutory limitations – An Election petition is not an action at
common law, nor in equity – It is a special jurisdiction to be exercised
in accordance with the statute creating it – The Election petition is
a serious matter, it cannot be treated lightly or in a fanciful manner
nor is it given to a person who uses it as a handle for vexatious
purpose – Constitution of India – Part-XV.
Words & Phrases – “material facts” – What constitutes –
Discussed – Representation of the People’s Act, 1951 – s.83(1)(a).
Allowing the appeals, the Court
HELD: 1.1 Section 83(1)(a) of RP Act, 1951 mandates that
an Election petition shall contain a concise statement of material
facts on which the petitioner relies. If material facts are not stated
in an Election petition, the same is liable to be dismissed on that
ground alone, as the case would be covered by Clause (a) of Rule
11 of Order 7 of the Code. The material facts must be such facts
as would afford a basis for the allegations made in the petition
and would constitute the cause of action, that is every fact which
it would be necessary for the plaintiff/petitioner to prove, if
traversed in order to support his right to the judgement of court.
Omission of a single material fact would lead to an incomplete
cause of action and the statement of plaint would become bad.
Material facts mean the entire bundle of facts which would
constitute a complete cause of action. Material facts would include
positive statement of facts as also positive averment of a negative
fact, if necessary. In order to get an election declared as void
under Section 100(1)(d)(iv) of the RP Act, the Election petitioner
must aver that on account of non-compliance with the provisio

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