IMPORTANT POINTS
Under Section 83(1)(a) of the RP Act, 1951 the election petition needs contain only a concise, i.e., brief and comprehensive, statement of the material facts as against material particulars under Section 81(b).
Election petition should disclose a triable issue to constitute cause of action.
Annexures to the petition signed and verified by election petitioner form part of the petition.

Judgment

Kurian, J.

1. The simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). Incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows:

“JUDGMENT

I.A. 4/11 is allowed. Election petition is dismissed in limine as it does not disclose a complete cause of action or a triable issue.”

Of course, detailed reasons are given in the order dated 16.11.2011 in I.A. 4/2011, which is also under challenge in one of the appeals.

2. The sole ground in the election petition is that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was holding the post of Chairperson of the Kerala State Wakf Board. To the extent relevant, the Article reads as follows:

“191. Disqualification for membership.-(1) xxx

(a) if he holds office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;” (Emphasis supplied)

3. The High Court has taken the view that the election petition does not clearly contain a pleading that the respondent holds an office of profit under the State Government. The pleading is only to the effect that the respondent holds an office of profit.

4. Therefore, the only inquiry that is required in this case is to see on reading the election petition as a whole, whether the petitioner has disclosed a cause of action.

UNDISPUTED FACTS

5. The respondent was the Chairperson of the Kerala State Wakf Board when he contested the election to the Kerala Legislative Assembly. The petitioner in fact objected to his nomination, as per Annexure P1(d) (Annexure-D). The objection, to the extent relevant, reads as follows:

“Mr. Abdul Kader is candidate for Guruvayoor Constituency. He is Chairman of Kerala State Wakf Board. He is holding an office of profit under Government of Kerala and hence disqualified.” (Emphasis supplied)

6. However, as per order dated 29.03.2011, the objection was overruled holding that the petitioner failed to prove beyond doubt as to whether the elected office bearers of the Wakf Board would come under the purview of the office of profit as stated under Article 191 of the Constitution of India [Annexure-P1(c)-(Annexure-C)].

PLEADINGS IN THE ELECTION PETITION

7. To see whether the facts pleaded in the election petition constitute a cause of action, we shall extract the relevant ones, with emphasis supplied. At Paragraph-3 of the election petition, it is stated as follows:

“3. The petitioner respectfully submits that on the date of election, the first respondent was disqualified to contest the election as he was admittedly on that day holding an office of profit, namely the Chairperson of the Kerala State Wakf Board. In terms of Section 14(9) of the Wakf Act (Central Act 43) of 1995, the Chairperson of the State Wakf Board, which is constituted by the State Government, namely the first respondent was appointed as Chairman of the Kerala State Wakf Board on 29th December, 2008. ….”

xxx xxx xxx

“The Chairperson of the State Wakf Board is performing public duties particularly of statutory nature under the Wakf Act 1995. He exercises even Quasi Judicial and supervisory powers. He receives such remuneration as are provided for and prescribed by the Government of Kerala. …”

8. Paragraph-4 of the election petition to the extent relevant, reads as follows:

“4. Article 191 of the Constitution of India to the extent relevant reads as follows:-

“191. Disqualification of membership.-(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State-

(a) if he holds any office of profit under the Government of India or the Governmen