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IN THE HIGH COURT OF ALLAHABAD
Rohit Ranjan Agarwal, J.
Prem Pal Singh – Petitioner
Versus
Prem Pal Singh Dhangar and Others – Respondents
Election Petition No. - 11 of 2022
Decided On : 30-05-2025
| Table of Content |
|---|
| 1. election petition challenges the election validity. (Para 1 , 4 , 5 , 6) |
| 2. contentious arguments regarding material facts. (Para 3 , 7 , 10 , 11 , 13 , 14) |
| 3. arguments regarding amendment applications and their implications. (Para 9) |
| 4. distinction between material facts and material particulars. (Para 12 , 18 , 23 , 42) |
| 5. analysis on disclosures required in election petitions. (Para 15 , 16 , 39 , 44 , 46) |
| 6. election petition dismissed for lack of material facts. (Para 48 , 49 , 50) |
JUDGMENT :
Rohit Ranjan Agarwal, J.
1. This election petition filed under Section 80 /81 of The Representation of People Act, 1951 (hereinafter called as “the Act of 1951”) questions the election of one Prem Pal Singh Dhangar, respondent no. 1, to U.P. Legislative Assembly from Tundla Constituency No. 95 (reserved for Scheduled Castes).
2. This election petition was nominated to this Court by orders of Hon’ble The Chief Justice dated 28.08.2023 exercising power under sub-section (2) of Section 80 -A of the Act of 1951.
3. During pendency of election petition, election petitioner filed an amendment application Paper No. A-34, while the respondent no. 1 filed an application under Order VII Rule 11 CPC Paper No. A-28 for dismissing election petition as it does not disclose the cause of action for declaring the election to be void. Both the applications were heard together and are being decided by a common order with the consent of counsel for the parties.
4. Facts, leading to filing of election petition, are that the election for U.P. Legislative Assembly was announced by Election Commission in the month of January, 2022. 25.01.2022 was the date of filing nomination. The last date for filing nomination was 01.02.2022. Scrutiny of nomination papers was held on 02.01.2022, while the last date of withdrawal of candidature was 04.02.2022.
5. The votes were polled on 20.02.2022, while the counting of votes was held on 10.03.2022 and result was declared on the same day i.e. 10.03.2022. Respondent no. 1, Prem Pal Singh Dhangar stood elected from Tundla Constituency No. 95 by a margin of 47631 votes. The present election petition has been filed by petitioner questioning the election of respondent no. 1 on the ground that he does not belong to Scheduled Castes community and is Gaderia/Pal/Baghel which is recognised as Other Backward Caste in State of U.P.
6. The material statement of facts made in election petition are as under:-
“1. That, the petitioner is a Member of Tundla Constituency No.95 (who is reserved for Scheduled Caste) and Shri Prem Pal Singh Dhangar (respondent no.1), who was declared elected from a Bhartiya Janta Party candidate. That the polling of the said assembly Constituency No.95 was held on 20.02.2022 and counting took place on 10.03.2022. In this regard, a true copy of the Final Result dated 10.03.2022 is being enclosed herewith and marked as Annexure No.1 to this petition.
2. That, the detailed scheme of 2022 General Elections are as following;-
| Event | Date |
|---|---|
| Date of Nomination | 25.01.2022 |
| Last Date of Making Nominations | 01.02.2022 |
| Scrutiny of Nominations | 02.01.2022 |
| Withdrawal of Candidature | 04.02.2022 |
| Date of Poll | 20.02.2022 |
| Date of Counting | 10.03.2022 |
| Date of Declaration of Result | 10.03.2022 |
3. That, on the last mentioned date 10.03.2022, the Result of the said election was declared by the Returning Officer and the respondent no.1 was declared to be elected with a lead of 47631 votes to the Legislative Assembly from Tundla Constituency No.95 (reserved for Scheduled Caste).
4. That, it is pertinent to mention here that the Tundla Constituency No.95 is reserved for the Scheduled Castes; and the respondent no.1 who admittedly belongs to Gaderia/Pal/Baghel, which is recognized as Other Backward Caste in the State of U.P.
5. That, being member of Other Backward Castes, the candidature of respondent no.1 for Tundla Constituency No.95 (reserved for Scheduled Caste) was ab-initio null and void.
6. That, the election of respondent no.1-Mr. Prem Pal Singh Dh
Election petitions must state all material facts; omission grounds dismissal.
Election petitions must provide concise statements of material facts; failure to do so results in rejection as they do not constitute a complete cause of action.
An election petition can be summarily dismissed for failure to disclose a cause of action or comply with statutory requirements, including the need for material facts, under the Representation of Peo....
An election petition is liable to be dismissed if it does not disclose a cause of action or if essential material facts are omitted, as prescribed by the Representation of the People Act, 1951.
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.
An election petition must include clear allegations and particulars to establish cause of action, adhering strictly to statutory requirements, or it will be dismissed at the threshold.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
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