An Election Petition cannot be dismissed at the threshold for minor defects; substantial compliance is sufficient, particularly for curable technical defects under the Representation of the People Act.

ORDER :

ANANDA CHANDRA BEHERA, J.

1. This Interlocutory Application under Order 7 Rule 11, Order 7 Rule 14 and Order 6 Rule 16 of the CPC, 1908 read with Section 81, 83 & 86 of the R.P. Act, 1951 has been filed by the respondent (Babu Singh) in Election Petition No.18/2024 praying for the dismissal of the Election Petition No.18 of 2024 filed by the Election Petitioner under the following grounds i.e.:

(I) neither the relied documents, (on the basis of which, the allegations have been alleged against the respondent), nor the contents thereof have been reflected in the body of the Election Petition with exact verbatim, or the copies of the said documents have been supplied to the respondent along with the copy of the Election Petition, for which, the Election Petition No.18/2024 has been filed by the Election Petitioner violating the mandatory requirements of Section 81(3) of the R.P. Act, 1951. Therefore, the pleadings in the Election Petition are incomplete and the Election Petition is bad for non-disclosure of complete cause of action.

(II) The Election Petition of the Election Petitioner is not entertainable under law due to non-filing of the required affidavit in Form No.25 with the Election Petition as per the requirements of Rule 94(a) of the Conduct of Election Rules, 1961. Filing of affidavit in Form 25 with the Election Petition was mandatory, as corrupt practices have been alleged against the respondent stating about the non-disclosure of all the properties and assets belonging to him (respondent), his spouse and his dependants in Form No.26 at the time of filing his nomination papers misleading as well as misinforming the voters. For which, the Election Petition of the Election Petitioner is in violation of Section 83(1) and 86(1) of the R.P. Act, 1951.

(III) Unnecessary, scandalous, frivolous and vexatious pleadings in Para No.7(A) to 7(O) of the Election Petition, which shall affect the fair trial of the Election Case. For which, the same are liable for striking out as per Order 6, Rule 16 of the CPC, 1908.

(IV) absence and non-disclosure of complete cause of action, material facts and full particulars thereof and non-constitution of any triable issue in the Election Petition.

(V) absence of required verification and affidavit in the Election Petition.

2. To which, the Election Petitioner objected stating in his objection that, he (Election Petitioner) has specifically indicated/reflected the contents of all the documents and annexures relied by him in his Election Petition No.18 of 2024. For which, the said documents cannot be treated as the integral part of his Election Petition. So, there is no requirement under law to provide the copies of the said documents and annexures to the respondent along with the copies of the Election Petition. Because, the said documents are not the integral part of the Election Petition. For which, Election Petition of the Election Petitioner cannot be held as bad or defective for non-compliance of the provisions of Sub-Section (3) of Section 81 of the R.P. Act, 1951.

The copies of the Election Petition containing the contents of the documents relied by him (Election Petitioner) have already been served upon the Respondent along with the notices of the Election Petition. For which, the Election Petition No.18 of 2024 filed by the Election Petitioner does not fall under the trappings of Sub-Section (1) of Se