IMPORTANT POINT
In case of allegation of corrupt practices in an election, u/s 83(1)(b) not only the ‘material facts’ (facta probanda) have to be pleaded but even the full particulars thereof (material particulars or facta probantia) have to be furnished at the stage of filing of the Election Petition itself.

JUDGMENT

RANJAN GOGOI,J

1. Leave granted.

2. The appellant before this Court is the returned candidate in the election held on 13th May, 2009 for the 02-Amritsar Parliamentary Constituency. The election was challenged in E.P. No.3 of 2009 before the High Court of Punjab and Haryana at Chandigarh. The appellant, as the respondent in the Election Petition, had filed an application under Order VI rule 16 and Order VII rule 11 of the Code of Civil Procedure, 1908 for dismissal of the election petition contending that on account of deficiencies in the pleadings no triable issue(s) is disclosed to justify a regular trial of the allegations made. According to the appellant the election petition, in its entirety, had failed to disclose any cause of action whatsoever. Though some relief (details of which need not be noticed) was granted to the appellant by the High Court, three broad categories of allegations contained in the election petition were held to disclose triable issues. Hence a regular trial of the same was ordered by the High Court by the order under challenge. Aggrieved, this appeal has been filed.

3. We have heard the learned counsels for the parties.

4. The three broad categories of allegations which, according to the High Court, gave rise to the triable issues may now be dealt with in seriatim.

5. The first is with regard to incurring of expenditure in contravention of the limit prescribed under Section 77(3) of the Representation of the People Act, 1951 (hereinafter referred to as “R.P. Act”). The gravamen of the allegation on the aforesaid score is as follows:

According to the election petitioner, the appellant had, in his return of election expenses, shown a total expenditure of Rs.17,03,665/-. He had shown expenditure of Rs.3,31,054/-on account of campaign through electronic/print media (including cable network). The election petitioner has contended that the said return of expenditure is not correct.

6. In paragraph 9 of the Election Petition the rates of advertisement in different newspapers like ‘The Daily Ajit’, ‘Punjab Kesari’, ‘Dainik Bhaskar’, ‘Jag Bani’ have been shown along with a statement that during election time the said charges are 25% more. In paragraph 10 of the election petition, the details of the advertisements published/issued by the appellant in different newspapers during the period between 22nd April, 2009 to 13th May, 2009 are mentioned along with the details of expenditure incurred. On the basis of the figures mentioned in paragraph 10 of the Election Petition, it is contended that the actual expenses incurred by the returned candidate on advertisements alone is Rs.32,88,845/-which is in excess of the total prescribed limit of Rs.25,00,000/-(Rupees Twenty Five lakh). In paragraph 11 of the Election Petition, the details of the expenditure incurred by the returned candidate/appellant on advertisements on local T.V. channels, etc. are also mentioned. The specific pleadings in this regard as contained in paragraph 10 and 11 may set out herein below for clarity:

“10. That the details of advertisements by Respondent No.1, the returned candidate, in different newspapers and their expenses, during the period from the date of his nomination i.e. 22.4.2009 to 13.5.2009 i.e. the date of polling are as under: