IMPORTANT POINT
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.

ORDER :

V. Srinivas, J.

I.A.No.3 of 2023 is filed by the petitioner/1st respondent to reject/dismiss the Election Petition No.15 of 2019 under Order 7 Rule 11(a) of the Code of Civil Procedure for non-compliance of the mandatory procedure under Sections 81, 83 and 86 of the Representation of the People Act, 1951 (hereinafter referred to as “R.P. Act”) read with Conduct of Elections Rules, 1961.

2. I.A.No.3 of 2024 is filed by the petitioner/Election Petitioner prays to permit him to carry out curable defects occurred in the Election Petition No.15 of 2019 and to file neatly typed copy of the same.

3. Heard Sri P. Rajasekhar, learned Senior Counsel appearing for Sri A. Sai Rohit, learned counsel for the petitioner/respondent No.1 in I.A.No.3 of 2023 and Sri Narasimhulu, learned counsel and Sri K. Satyanarayana Murthy, learned Senior Counsel for the petitioner/Election Petitioner in I.A.No.3 of 2024.

4. The brief averments mentioned in the affidavit filed along with the petition in I.A.No.3 of 2023 as follows :

(i). The election petition must be presented by the 1st respondent/Election Petitioner to the authorized officer of the High Court as per Section 81(1) of the R.P. Act, the said authorized officer of the High Court has to identify the candidate and make an endorsement on the record as per the mandatory procedure.

(ii). The election petition is filed on the grounds of corrupt practice. As per the proviso to Sub Section (1) of Section 83, an affidavit shall be filed in the prescribed form i.e, Form-25 in support of the allegations of such corrupt practices by giving particulars thereof and it shall be served on the returned candidate. Non-compliance of the same, under Section 86(1) of the R.P. Act, vitiates the entire case.

(iii). Basis for alleging such corrupt practice by the Election Petitioner is Annexure-A.5. The said document is obtained by the Elections Petitioner by illegal means because, he has never authorized HERO FINCORP to obtain the CIBIL information of the petitioner/1st respondent nor share such information, as such, sharing such private information to the Election Petitioner is nothing but illegal. To have a wrongful gain and with a malafide intention, the Election Petitioner also conveniently did not file an affidavit in support of the allegation of corrupt practices. Non-disclosure of such material facts and material particulars thereof in the Election Petition categorically establishes that the Election Petition is filed based on an illusory cause of action with frivolous litigation abusing the process of the Court. Thereby, the same is liable to be dismissed under Section 86 of the R.P. Act read with Conduct of Election Rules, 1961 and Order 7 Rule 11(a) of the Code of Civil Procedure (hereinafter referred to as “C.P.C.”).

5. Denying the application in I.A.No.3 of 2023, the Election petitioner filed counter and pleaded in brief as follows :

(i). The election petition is filed within 45 days from the date of declaration of election in compliance with the provisions of Section 81(1) of R.P. Act. The election petition is filed under Section 100(1)(d) of the R.P. Act to declare the election of the returned candidate i.e., petitioner herein to be void for non-compliance with the provisions of the Constitution or of this Act and to pray this relief does not need to file Form-25 affidavit. The allegations made against the petitioner/respondent No.1 is covered by Section 125A of R.P. Act, which is Penalty for filing false affidavit, but not under Section 123 of R.P. Act.

(ii). The method of procuring Anexure-A5 is not important, but validity and its content and credibility of their genuineness is important, which is settled by the Hon’ble Supreme Court in its pronouncements. Thereby, it is evident that annexure A-5 is genuine and crucial document to prove the case beyond all reasons doubt.

(iii). The grounds raised by the appellant in the present application are not covered by any one rule mentioned Order VII Rule 11 of C.