Advocates:
Ashok Chitale, G.N.DIKSHIT, M.Qamaruddin, P.N.PURI, R.N.Bhalgoha, S.K.MEHTA, S.R.Chitale, S.S.Khanduja, S.V.Gupta, V.P.GUPTA

Certainly. The legal document provided discusses the procedural and substantive requirements for election petitions, particularly focusing on the importance of pleading "material facts" and "material particulars" as mandated under relevant election laws.

Key points include:

1. Material Facts: These are the essential facts that establish the cause of action or defense. They must be proved at trial and are necessary to give the petitioner a complete cause of action. Failure to plead even a single material fact results in an incomplete petition, which can be struck off, or the petition being dismissed for lack of cause (!) (!) .

2. Material Particulars: These are details that amplify and elaborate on the material facts. They are not essential to establish the cause of action but serve to provide clarity and completeness. Deficiencies in particulars can often be remedied even after the limitation period, but deficiencies in material facts cannot (!) (!) .

3. Distinction Between Material Facts and Particulars: The law emphasizes the importance of this distinction because different legal consequences follow from deficiencies in each. Material facts are fundamental and must be pleaded; particulars are supplementary and can be supplied later if required (!) (!) .

4. Obligation to Plead: The law mandates that election petitions must contain a concise statement of the material facts and full particulars of any corrupt practices alleged. The failure to do so results in the petition being incomplete and liable for dismissal (!) (!) .

5. Non-joinder of Necessary Parties: If allegations relate to a candidate who is a necessary party, such as one against whom a corrupt practice is alleged, non-joinder is a fatal defect. The law is strict in requiring such parties to be joined, and non-joinder can lead to dismissal of the petition (!) (!) .

6. Timing and Procedure for Raising Defects: Objections regarding non-joinder or failure to plead material facts can be raised at any stage of the trial, including through applications or objections after the presentation of evidence. The law permits such objections to be raised even late, emphasizing the importance of procedural correctness (!) (!) .

7. Legal Obligation and Court’s Discretion: The court is bound to dismiss an election petition if it comes to notice that the essential procedural requirements, such as joinder of necessary parties or proper pleading of material facts, have not been complied with. This obligation is non-waivable and cannot be condoned by consent or delay (!) (!) .

8. Implication of Non-Compliance: Non-compliance with the statutory provisions regarding pleadings and joinder results in automatic dismissal of the election petition. The law is clear that such procedural lapses cannot be remedied by waiver or consent (!) (!) .

In summary, the law underscores the necessity of properly pleading all material facts and necessary parties in election petitions. Any omission or defect in these aspects is considered a fundamental flaw that warrants dismissal, emphasizing the strict procedural regime designed to ensure transparency and fairness in electoral disputes.