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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Dillip Kumar Ray – Appellant
Versus
Sarada Prasad Nayak – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
The present application has been filed by the sole Respondent of Election Petition No. 2 of 2024 invoking the provisions of Section 86 of the Representation of the People Act, 1951 read with Order VI Rule 16, Order VII Rule 11 and Section 151 of the Code of Civil Procedure. In this application, the Respondent has prayed for striking out the pleadings contained in Paragraphs 8(A) to 8(I) of the Election Petition and for dismissal of the Election Petition at the threshold. It is the contention of the Respondent that the said pleadings are wholly irrelevant, frivolous and scandalous, and amount to a gross abuse of the process of this Court. It is further urged that the Election Petition suffers from absence of essential material facts and particulars, fails to disclose a complete cause of action, and does not raise any triable issue, thereby rendering it liable to be dismissed at the preliminary stage itself.
2. Written objection has been filed by the Election Petitioner opposing the present application. It is contended that all material facts constituting a valid cause of action raising triable issues have been duly and substantially pleaded in the Elect
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.
The absence of an affidavit in Form 25 does not lead to automatic dismissal of an election petition, provided there is substantial compliance with procedural requirements, and any defects noted are c....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Procedural defects in election petitions are curable, and substantial compliance with affidavit requirements suffices to maintain the petition's validity.
Non-joinder of a candidate accused of corrupt practices in an election petition results in its mandatory dismissal under Section 86 of the Representation of the People Act, 1951.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
Candidates must fully disclose criminal cases and asset details during elections, as failure constitutes corrupt practice under the Representation of People Act, impacting informed voting.
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
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