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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Mohinder Singh – Appellant
Versus
Durgesh Kumar – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
I.A. 1984/2023 (Application under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 CPC)
1. The instant petition has been filed challenging the election of respondent no.1 and seeking to set aside/cancel the bye-election of the assembly constituency, i.e., AC-39, Rajinder Nagar, Assembly Constituency in Delhi and praying that the election of respondent no.1 be declared as void. The petitioner has challenged the candidature of the respondent alleging non-compliance of election code and conduct by the respondent. It is alleged that the respondent filed a deficient nomination affidavit by concealing the name of his spouse. The present petition has been filed on account of inaction of the returning officer to take any action, despite multiple complaints by the petitioner in this regard.
2. It is to be noted that the petitioner had also filed his nomination from the same constituency and had polled 18 votes, thereby, losing to the returned candidate, respondent no. 1, who polled 40,319 votes.
3. By way of the present application, the respondent no.1 has prayed for rejection of the present Election Petition under Order VII Rule 11(a) of the Code of Civil
An election petition must disclose material facts and particulars; vague allegations without evidence do not establish a cause of action.
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 pet....
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
An election petition must contain concise material facts and particulars as per the Representation of Peoples Act, 1951; failure to do so results in dismissal.
Election petitions must provide a concise statement of material facts; omissions lead to dismissal under statutory provisions when they do not substantiate a cause of action.
Election petitions must contain concise statements of material facts and particulars of alleged corrupt practices; failure to do so renders the petition non-maintainable.
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