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.

JUDGMENT :

SASHIKANTA MISHRA, J.

The present application has been filed by the sole Respondent of the above-mentioned Election Petition under 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 prays for striking out the pleadings contained in Paragraphs 5 to 19 and 15-A to 15- K of the Election Petition, and for the rejection/dismissal of the Election Petition in its entirety at the very threshold in terms of Section 86 of the said Act. It is contended that the pleadings sought to be struck off are wholly irrelevant, frivolous, and scandalous, amounting to a gross abuse of the process of this Court. Additionally, it is submitted that the Election Petition lacks essential material facts and particulars, fails to disclose a complete cause of action, and does not raise any triable issues, thereby warranting its dismissal at the preliminary stage.

2. The present I.A has been filed basically on the following grounds;

“A) Whether in the absence of complete material facts, the Election Petition shall be dismissed/ rejected?

B) Whether in the absence of the full particulars, the Election Petition shall be dismissed/ rejected?

C) Whether in the absence of proper verification of pleading as per the manner laid down in the Code of Civil Procedure, 1908, the Election Petition shall be dismissed/ rejected?

D) Whether in the conspicuous absence of an additional affidavit in the prescribed Form No.25 as per the requirement of the proviso to sub-Section 1 of Section 83 of Representation of People Act, 1951 and Rule 94-A of the conduct of Election Rules, 1961, in support of the allegation of corrupt practice and particulars thereof with the alleged Sections and Sub- sections of that corrupt practice, the Election Petition shall be dismissed/ rejected?

E) Whether, for the non-disclosure of the source of information in the Election Petition shall be dismissed/ rejected?

F) Whether in the absence of the specific pleading that the result of the election in so far as it concerns a returned candidate, has been materially affected, the Election Petition shall be dismissed/ rejected?

G) Whether this Hon’ble Court while disposing of the application filed under Order VII Rule 11 C.P.C. shall consider the entire pleadings made in the Election Petition or any part thereof and while considering the said application the written statement filed by the Respondent No.1 and any other pleadings shall be taken into consideration?

H) Whether the Election Petition is liable for rejection as the document on which the alleged cause of action based, has not produced?”

3. Written objection has been filed by the Election Petitioner basically stating that all material facts constituting valid cause of action and triable issues have been substantially pleaded. As regards the procedural defects and filing of Form-25 pointed out, the same are curable in nature. The pleadings are based on the affidavit in Form-26 submitted by the Respondent at the time of his nomination.

4. The grounds cited by the Respondent for summary dismissal of the Election Petition, rejection of plaint and striking out pleadings shall be discussed individuall