LexMAHENDRA PAL versus RAM DASS MALANGER AND ORS.
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MAHENDRA PAL
11.
RAM DASS MALANGER AND ORS.
OCTOBER 27, 1999
[DR. A.S. ANAND, C.J., S. RAJENDRA BABU AND
R.C. LAHOTI, JJ.]
Representation of the People Act, 1951: Sections 83(/)(a) and JOO
(l)(d)(ii).
E/ectiOn-E/ection petition-Material facts and material particulars-
Distinction between-Election petitioner was defeated by returned candidate
by a margin of 3 votes only-Principal challenge to election of returned
candidate was based on improper receipt of invalid votes in favour of returned
D candidate and improper rejection of valid votes polled inf avour of election
petitioner-Tota/ number of ballot papers distributed was 35,310 but number
of votes counted was 35,318 and 8 votes counted in excess had been illegally
counted in favour of returned candidate-Held: Determination of material
facts depends upon nature of charge /eve/led and facts and circumstances of
each case-If material facts are pleaded then material particulars may be
E furnished, at the court's discretion, even after expiry of period of limitation-
But no material facts can be permitted to be introduced after the expiry of
period of /imitation-Margin of difference being only 3 votes recount is
necessary to determine whether excess 8 votes were counted in favour of
returned candidate or not-Hence, High Court erred in dismissing the election
petition without trial.
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Election-Election petition-Pleadings-Construing of-Held: It is the
substance and not merely the form, which is required to be looked into for
construing the pleadings-The intention of the party needs to be gathered
from the tenor and terms of his pleadings taken as a whole-Code of Civil
G Procedure, 1908, 0. 6 Rr. 2 and 4.
Conduct of Election rules, 1961: Rules 63(1) and (2).
Recount of-Ballot papers-Grounds-Held: Cannot be ordered just
for the asking-A case for recount/inspection is made or not would depend
H upon the evidence led by the parties in support of their pleadings at the trial.
170
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MAHENDRA PAL v. R.D. MALANGER
171
Recount-Scope-Held: While maintenance of secrecy of ballot is A
· sacrosanct, maintenance of purity of election is equally important.
Words and Phrases:
"Material facts" and "Material particulars"-Meaning of-In the
context of S.83(/){a) of the Representation of the People Act, 1951.
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The respondent-returned candidate defeat~ the appellant in the election
to the State Vidhan Sabha by a margin of3 votes only. The appellant tiled an
election petition before the High Court challenging the respondent's election.
The principal challenge to the election of the respondent was based on
improper reception of invalid votes in favour of the respondent and improper C
rejection of valid votes polled in favour of the appellant. The appellant, inter
alia, alleged that the total number of ballot papers, which were shown to have
been distributed, was 35,310, but, after counting, the number of ballot papers
as per Form 20-A, was shown to be 35,318. It was further alleged that 8
votes, which had been counted in excess had been illegally counted in favour D
of the returned candidate. High Court dismissed the election petition without
trial on the ground that it lacked material particulars as required under
Section 83(1)(a) of the Representation of the People Act, 1951. Hence this
appeal
Allowing the appeal, the Court
HELD: 1. Section 83(l)(a) of the Representation of the People Act, 1951
mandates that in order to constitute a cause of action, all material facts, that
is, the basic and preliminary facts which the petitioner is bound under the
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law to substantiate in order to succeed, have to be pleaded in an election
petition. Whether in an election petition, a particular fact is material or not F
and as such required to be pleaded is a question which depends upon the nature
of the charge levelled and the facts and circumstances of each case. Facts,
which are essential to disclose a complete cause of action, are material facts
and are essentially required to be pleaded. On the other hand "particulars"
are details of the case set up by the party and are such pleas, which are G
necessary to amplify, refine or explain material facts. The function of
particulars is, thus, to present a full picture of the cause of action to.make
the opposite party understand the case that has been set up against him and
which he is required to meet. The distinction between 'material facts' and
'material particulars' is indeed iExcerpt shown. Read the full judgment & AI analysis in Lexace.