SENTHIBALAJI V versus A.P. GEETHA AND ORS

Citation: [2023] 6 S.C.R. 546 · Decided: 19-05-2023 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 6 S.C.R.
SENTHIBALAJI V.
v.
A.P. GEETHA AND ORS.
(Civil Appeal Nos. 3895-3896 of 2023)
MAY 19, 2023
[ABHAY S. OKA AND RAJESH BINDAL, JJ.]
Representation of the People Act, 1951 – ss.83, 123 – Failure
to plead material facts in the election petition concerning alleged
corrupt practice – Held: s.123 defines corrupt practices – s.83(1)(a)
mandates that an election petition must contain a concise statement
of material facts – When the allegation is of corrupt practice, the
basic facts constituting corrupt practice must be pleaded in order
to comply with s.83(1)(a) – In the present case, such concise facts
were not at all pleaded – Basic facts cannot be pleaded only by
stating that the same find place in the documents relied upon –
Failure to plead material facts concerning alleged corrupt practice
is fatal to the election petition – As material facts regarding
allegations of corrupt practice were not pleaded, the election petition
does not disclose any cause of action as far as the ground of corrupt
practice is concerned – Further, the ground of improper acceptance
of the nomination paper is also not supported by material facts – In
any case, the said ground is no longer relevant as the term of the
appellant has already expired – No purpose will be served by
keeping the Election Petition pending – Impugned judgment set
aside – Applications filed by the appellant for rejection of the petition
and/or for deletion of irrelevant paragraphs allowed – Election
petition filed by first respondent is dismissed – Code of Civil
Procedure, 1908 – O.VI, r.16.
Representation of the People Act, 1951 – Material Facts –
Requirement of stating, non-compliance with – Effect of – Held:
The material facts are the primary facts which must be proved on
trial by a party to establish the existence of a cause of action –
Non-compliance with the requirement of stating material facts must
result in the rejection of the petition at the threshold.
[2023] 6 S.C.R. 546
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Disposing of the appeals, the Court
HELD: 1.1 Section 123 of the RP Act of 1951 defines various
corrupt practices for the purpose of the said enactment. The
corrupt practice has to be qua the election subject matter of
challenge in the Election Petition. In paragraph 5, the first
respondent has relied upon the representation made by her to
the Returning Officer by pointing out that the appellant and 6th
respondent have committed misconduct by suppressing the
findings of the Election Commission recorded in the order date
27th May 2016. Presumably, paragraph 5 of the petition is in
support of the ground of improper acceptance of the nomination
papers of the appellant. However, the first respondent has not
pleaded that under a particular statutory provision, the appellant
and 6th respondent were under an obligation to disclose the order
dated 27th May 2016 passed by the Election Commission while
filing nomination papers. It is not pleaded how on the ground of
the failure to disclose the said order, the appellant and 6th
respondent were disqualified from contesting the election. The
disqualification must be based on a statutory provision. The first
respondent has not pleaded that in law it was the obligation of
the appellant to disclose in the nomination paper, the earlier order
of the Election Commission by which the election was postponed.
The existence of no such obligation is pleaded. Therefore,
averments made in paragraphs nos. 4 and 5 of the Election Petition
are unnecessary, thereby, attracting clause (a) of Rule 16 of Order
VI of CPC. Under clause (a) of Rule 16 of Order VI of CPC, the
Court has the power to strike out a pleading which is unnecessary.
[Paras 9, 11][553-G; 554-A, C-H]
1.2 Section 123 of the RP Act of 1951 defines corrupt
practices. In paragraphs 6 and 7, even bare particulars of any of
the corrupt practices covered by Section 123 have not been
pleaded. What is the nature of corrupt practice is also not
described except for making a bald allegation that in the
representations mentioned in paragraph 6, the first respondent
has set out electoral misconduct, corrupt practice, and bribery
on the part of the appellant. Clause (a) of sub-section (1) of Section
83 mandates that an election petition must contain a concise
statement of material facts. When the allegation is of corrupt
SENTHIBALAJI V. v. A.P. GEETHA AND ORS.
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[2023] 6 S.C.R.
practice, the basic facts

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