IMPORTANT POINTS
Application under Order VII rule 11 should be considered at the threshold. On the other hand application under Order VI rule 16 for striking out pleadings may be resorted to at any stage.
Election petition should be read as a whole to determine whether it discloses a cause of action or not.
While only pleadings of plaintiff-petitioner needs to be considered under Order VII Rule 11, entire pleadings including written statement of respondents has to be looked into under Order XIV Rule 2.
Testing merit of evidence is not required at threshold stage.
Improper acceptance of nomination of returned candidate would necessarily result in invalidating his election.

JUDGMENT

A.M. Khanilkar, J.

The present appeals emanate from the judgment and order dated 2nd August, 2016 of the High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh, striking off paragraphs 2 & 9 to 11 of the election petition as also dismissing the election petition, being Election Petition No.8 of 2014 filed by the appellant challenging the election of respondent No.1.

2. The election in relation to Andhra Pradesh State Legislative Assembly was held on 7th May, 2014. The appellant and respondent No.1 contested the election from the Punganur Assembly Constituency. The respondent No.1 was declared as an elected candidate. By way of an election petition, the appellant challenged the election of respondent No.1 on the ground that respondent No.1 had grossly violated several instructions issued by the Election Commission as also the provisions of The Representation of the People Act, 1951 (for short, "the Act"). Respondent No.1, in turn, took out two applications seeking to strike out paragraphs 2 & 9 to 11 of the said election petition and to dismiss the election petition in limine, both of which were ultimately allowed by the High Court.

3. The background to the present conflict is set out as under:

a. On 12th April, 2014, a notice of election was issued, inter alia for a seat from the Punganur Assembly Constituency to the Andhra Pradesh State Legislative Assembly;

b. Respondent No.1, a member of the Yuvajana Shramika Rythu Congress Party (YSRCP) filed his initial nomination form for the aforesaid elections on 12th April, 2014 along with two affidavits and again, second nomination form on 17th April, 2014 with two fresh affidavits. Appellant, a member of the Telugu Desham Party (TDP), filed his nomination form on 17th April, 2014.

c. After scrutiny of the nomination forms, on 21st April, 2014, a total of 8 (eight) candidates, including the appellant and respondent No.1, were found eligible to contest the elections;

d. Appellant had filed objections on the same day i.e. 21st April, 2014, objecting to the acceptance of nomination forms of respondent No.1 on the ground that he had failed to sign every page of the affidavits in support of his nomination forms and had also failed to fill up all the columns in his forms, contrary to the rules prescribed in that regard. Respondent No.1 filed his counter to the said objection petition;

e. The Returning Officer rejected the objection petition on the ground that the said petition needed no consideration and was hence over-ruled;

f. The elections were held on 7th May, 2014, and results were declared on 16th May, 2014. Respondent No.1 was declared as the elected candidate, having secured the highest number of valid votes. Appellant finished second while the remaining 6 (six) candidates lost their deposits;

g. Appellant then challenged the election of respondent No.1 by way of an election petition dated 25th June, 2014, under Section 81 read with Sections 83, 100(1)(a) and (d)(i) of the Act before the High Court of Judicature at Hyderabad. He also sought a declaration that he was the duly elected member of the State Legislative Assembly of the 284-Punganur Assembly constituency;

h. Respondent No.1 then took out two applications in the said petition viz. E.A. No. 329 of 2015 under Order VI Rule 16 of the Code of Civil Procedure, 1908 (for short "CPC") for striking out the averments made in paragraphs 2 & 9 to 11 of the election petition as being frivolous and vexatious, followed by E.A. No. 330 of 2015 under Order VII Rule 11 of CPC seeking to dismiss the election petition for failing to disclose a cause of action;

i. Appellant also took out miscellaneous applications for permission to file rejoinder affidavit, expediting the election petition and for taking note of suppression of material facts by respondent No.1;

j. The High Court vide its judgment dated 2nd August, 2016, ("impugned judgment") allowed both the applications of respondent No.1, eventually dismissing the election petit