Back
THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI K.S. SURESH – Appellant
Versus
SRI. S. GOPINATH – Respondent
ORDER :
K.S.HEMALEKHA, J.
I.A.No.2/2024
I.A. No.2/2024 is filed by respondent No.2 under Order VII Rule 11 (a) CPC read with Section 87 of the Representation of People Act, 1950 (‘the Act’ for short).
2. Respondent No.2 returned candidate has filed the present application under Order VII Rule 11 CPC read with Section 87 of the Act, seeking rejection of the election petition on the ground that the same does not disclose any cause of action and it is devoid of material facts as mandated under Sections 81, 83 and 100 of the Act.
3. Learned counsel appearing for the respondents submits that the allegation of mass malpractice or impersonation is vague and unsubstantiated. The petitioners have failed to provide even basic particulars such as:
a) Number of votes allegedly improperly accepted;
b) Number of impersonators;
c) Identities of officials who facilitated such act;
d) The explanation of how the result was materially affected.
4. It is submitted that, in the absence of prima facie evidence or identification of fraudulent acts, the plaint cannot be judicially entertained. The petition lacks material facts required under Section 83 of the Act and hence, discloses no cause of action. Respondent
Election petitions must provide concise statements of material facts; failure to do so results in rejection as they do not constitute a complete cause of action.
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
An election petition is liable to be dismissed if it does not disclose a cause of action or if essential material facts are omitted, as prescribed by the Representation of the People Act, 1951.
An election petition can be summarily dismissed for failure to disclose a cause of action or comply with statutory requirements, including the need for material facts, under the Representation of Peo....
Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such materi....
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Election petitions must contain precise and material facts, especially concerning alleged corrupt practices, as mandated by Section 83 of the Representation of People Act, 1951.
An election petition must include clear allegations and particulars to establish cause of action, adhering strictly to statutory requirements, or it will be dismissed at the threshold.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
