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2016 Supreme(All) 1560

ALLAHABAD HIGH COURT
BEFORE : VIKRAM NATH, J.
AJAY RAI AND ANOTHER ....Petitioners
Versus
NARENDRA MODI ....Respondent
(Election Petition No. 9 of 2014, decided on 7th December, 2016)

Advocates:
Counsel :
In Persons, Jitendra Kumar, K.C. Mittal and U.N. Sharma for the Petitioners; Dheeraj Jain, K.R. Singh, S.C. Mishra and Satya Pal Jain for the Respondent.

Headnote:(A) Representation of People the Act, 1951—Sections 80, 84, 98, 99—Election petition—Cause of action—Ground of improper acceptance of nomination paper based on words used as “Not Known” in disclosure of movable and immovable assets, liabilities and profession of spouse of respondent—However petitioner did not allege that respondent knew but still did not disclose—Petitioners have not come up with details or particulars of any assets and liabilities of spouse of respondent—Thus petitioners have utterly failed to plead material facts which could constitute a cause of action. [Paras 52 and 53]

       (B) Representation of People the Act, 1951—Sections 123(6), 77—Election petition—Corrupt practice—Petitioner has not stated essential facts which would be germane to issue of corrupt practice—Fact that expenditure incurred in election of returned candidate may be in excess of ceiling limit fixed by Election Commission—However for that in absence of specific details or at least making such pleadings with specific details which may convince Court that at least a triable issue has been raised—Held election petition cannot be put to trial. [Paras 58, 65 and 75]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Vikram Nath, J.—The two petitioners namely Ajay Rai and Madhav Prasad Upadhyay have filed this petition under Sections 80, 84, 98 & 99 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) challenging the election of the sole respondent Sri Narendra Modi (the returned candidate) as a Member of the Parliament from 77 Varanasi Parliamentary Constituency (hereinafter referred to as the constituency) in the 15th General Elections of the Parliament. The General Elections for constituting new House of Public (Parliament) was notified by the President of India vide Notification dated 5.3.2014. As per the notification with respect to the constituency following election schedule was declared by the Election Commission of India:

(1)

Date of Notification of the Election

5.3.2014

(2)

Last Date of filing of Nomination Paper

24.4.2014

(3)

Date of scrutiny of Nomination Paper

25.4.2014

(4)

Date of withdrawal of Nomination Paper

28.4.2014

(5)

Date of polling

12.5.2014

(6)

Date of counting of votes

16.5.2014

(7)

Date of declaration of result

16.5.2014

2. Petitioner No. 1, Ajay Rai filed his nomination paper as a candidate of the Indian National Congress and was allotted the symbol of Hanth Ka Panja (open palm). Petitioner No. 2 is an electorate of the same constituency. The respondent, Sri Narendra Modi (returned candidate) submitted his nomination paper on 24.4.2014 as a candidate of the Bhartiya Janta Party and was allotted the symbol of Kamal Ka Phool (Lotus flower). The Returning Officer after completing the process for scrutinizing the nomination papers declared as many as 42 candidates in fray. A list in terms of Section 38 of the Act was published by the Returning Officer. The polling of the election in the constituency took place on 12.5.2014 and the counting of the same was scheduled for 16.5.2014. The results were announced on the same day itself, i.e. 16.5.2014 and the sole respondent was declared as the returned candidate from the constituency.

3. The present petition challenging the election of the respondent as a returned candidate was presented before this Court on 30.6.2014. Notices were issued to the sole respondent vide order dated 18.7.2014. The respondent filed written statement on 20.12.2014. Before filing the written statement the respondent filed two applications dated 29.10.2014 - one under Section 86 (1) of the Act (Paper No. A-11) praying to dismiss the election petition for noncompliance of the provisions contained in Section 81 (3) of the Act and the other application under under Order VI Rule 16 and Order VII Rule 11 of the Code of Civil Procedure (CPC) (Paper No. A-10) praying for striking off paragraphs 7 to 34 of the election petition under Order VI Rule 16 of the CPC and further for dismissing the election petition under Order VII Rule 11 of the CPC as it did not disclose any cause of action. Both these applications are supported by affidavits (Paper Nos. A-16 & 17) of the respondent. The petitioners filed counter-affidavits to both the applications to which the respondent filed rejoinder-affidavits (Paper Nos. A-18 & 19).

Sri S.P. Jain, learned Senior Advocate assisted by Sri K.R. Singh, learned counsel appearing for the respondent and Sri U.N. Sharma, learned Senior Advocate assisted by Sri Jitendra Kumar, learned counsel appearing for the petitioners have been heard on the aforementioned two applications and the material placed before me on record has been perused.

4. Before adverting to the applications, certain facts need to be recorded. The election petition as originally framed and filed raised as many as 10 grounds (grounds A to J) contained in paragraph 6 of the petition. Some of these grounds are interlinked. Factual averments in support of the grounds have been stated in paragraphs 7 to 34 of the






















































































































































































































































































































































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