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2026 Supreme(Guj) 1253

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, J.
Durlabhjibhai Harakjibhai Detharia - Appellant
Versus
Lalitbhai Karamshibhai Kagathara & Ors. - Respondent
Election Application No. 7 of 2024 In Election Petition No. 2 of 2023 With Election Petition No. 2 of 2023 With Election Application No. 5 of 2024 In Election Petition No. 2 of 2023 With Election Application No. 6 of 2024 In Election Petition No. 2 of 2023
Decided On : 02-04-2026

Advocates:
Advocate Appeared:
For the Appellant :Mr Nd Nanavaty, Sr. Advocate With Mr Rohan Lavkumar With Mr. Nisarg Trivedi With Mr Aditya Dave For Nanavati Associates(1375)
For the Respondent: Mr Hriday Buch, Mr Bharat T Rao(697), Mr Daxay D Patel(6633), Ms Malti Bharat Rao(2558)

Election petitions require precise pleadings of all material facts. Failure to disclose such facts, or to specify how an alleged irregularity materially affected election results, renders a petition liable for summary dismissal, as courts must protect the sanctity of the democratic mandate against unsubstantiated technical challenges.

Headnote:(A) Representation of the People Act, 1951 - Sections 33, 33A, 81, 83, 86, 100, 123 - Code of Civil Procedure (CPC) - Order VII Rule 11 - Election Petition - Suppression of information in nomination affidavit - Allegation of corrupt practice - Requirement of concise statement of material facts - Impermissibility of vague, general allegations lacking specific particulars - Necessity of pleading how electoral results were materially affected - Substantial compliance test versus minor technical defects - Power of Court to reject election petitions at threshold if failing to disclose cause of action - (Paras 12-16, 26, 29-37).

(B) Election Petition - Pleadings - Material facts defined as fundamental and crucial facts upon which the claim is based - Omission of single material fact resulting in incomplete cause of action - Distinction between improper acceptance of nomination of returned candidate versus others - Requirement to demonstrate logical nexus between alleged non-disclosure and electoral outcome - (Paras 28-33, 36).

Facts of the case:
An election petition was filed challenging the validity of a legislative assembly election, alleging that the returned candidate performed corrupt practices of undue influence and failed to provide mandatory information in the nomination affidavit regarding assets, liabilities, criminal antecedents, and educational qualifications. The returned candidate filed an application for dismissal of the petition on the ground that it lacked essential material facts and failed to disclose a cause of action, asserting that the alleged defects were insignificant.

Findings of Court:
The court found that the returned candidate had substantially complied with the disclosure requirements. The alleged defects in the affidavit were determined to be minor, clerical, or non-substantial. The petition failed to provide the necessary pleadings or demonstrate how the alleged discrepancies directly interfered with the free exercise of electoral rights or materially affected the result of the election.

Issues: The main issues were whether the election petition disclosed a valid cause of action through specific pleadings of material facts, and whether the alleged non-disclosures constituted substantive corrupt practices justifying the nullification of the election.

Ratio Decidendi: An election petition must be dismissed at the threshold if it fails to state precise material facts or relies on vague allegations. Election results, reflecting a democratic mandate, should not be set aside based on minor technicalities or clinical analysis of non-substantial discrepancies in disclosure, unless clear, blatant, and material violations are established that undermine electoral integrity. The burden lies on the petitioner to plead how specifically the result was materially affected by the alleged irregularities.

Result: Application for dismissal allowed; election petition rejected.

Table of Content
1. election challenge regarding nomination forms and affidavit disclosure compliance. (Para 1 , 2 , 3 , 4)
2. requirement to plead material facts and disclose particulars under section 83 rpc act. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. substantial compliance of disclosures in form 26 and threshold for election voidance. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
4. mandatory pleading requirements under section 100(1)(d)(i) and (iv) regarding result material impact. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38)

JUDGMENT :

ILESH J. VORA, J.

1. This application is under Order VII Rule 11 of the Code of Civil Procedure (CPC), seeking dismissal of the Election Petition at the threshold, on the ground that, the Election Petition is barred by law, as it does not fall within the purview of Section 81 and it fails to disclose triable cause of action.

2. An election petition questioning the validity of the legislative election-2022, seat of 66 – Tankara Assembly Constituency being filed by the election petitioner Lalitbhai Kagathra. The applicant – returned candidate – Durlabhji Detharia had filed his nomination form as a candidate of Bharatiya Janta Party along with the affidavit in Form No.26. During the scrutiny, the election petitioner raised the written objection against the nomination form, inter alia, stating that, the returned candidate had not mentioned proper information and some of the columns of the affidavit left blank or filled by just “tick/dash marking”. After hearing the parties, the Returning Officer by overruling the objections, accepted the nomination form observing that, he did not find any defect in the form and affidavit and merely on the basis of incorrect information, the nomination paper does not require to be rejected. The voting of the election took place on 01.12.2022. The applicant –returned candidate declared as elected on 08.12.2022. He was polled 83,274 votes. The election petitioner, who had lost the election on the platform of the Indian National Congress, was polled 73,018 votes.

3. In the aforesaid facts, an election petition questioning the validity of the election has been preferred, inter alia, praying that, the election of returned candidate be declared void under Section 100(1)(b), 100(1)(d)(i) and (iv) of The Representation of the People Act, 1951 (hereinafter referred to as “R.P. Act”).

The grounds raised in the election petition are that,

(i) the returned candidate had suppressed the material information in the nomination papers and affidavit which is in contravention to the notification dated 30.09.2013 of Election Commission of India and specific guidelines, issued by the Apex Court in the case of Public Interest Foundation & Ors. Vs. Union of India (2019 (3) SCC 244) and further in Union of India vs. Association of Democratic Reforms (2002 (5) SCC 294),

(ii) the election is liable to be declared void as the returned candidate had indulged into corrupt practices of undue influence by committing material irregularities in filling of the necessary details in the nomination form as well as in the affidavit (Form No.26), as a result, the election in so far as it concerned a returned candidate, has been materially affected.

(iii) since the returned candidate suppressed the relevant information required to be mentioned in the form No.26 affidavit, it amounts to non-compliance with the provisions of Sections 33, 33A and 34 of the R.P. Act, and Rules framed thereunder, rendering his election liable to be declared as void.

4. I will briefly set out the gist of the pleas raised by the election petitioner in election petition to appreciate the nature of controversy. According to say of the election petitioner, the nomination form and affidavit as contemplated suffers from the following defects and discrepancies:

(a) The details of social media accounts are not disclosed and the column no.3 was kept blank (item no.3);

(b) In item no.4, last five y

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2026 Supreme(Guj) 1253

Cases Referred (1)