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2025 Supreme(Online)(Tel) 29079

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Gudem Mahipal Reddy – Appellant
Versus
Katam Srinivas Goud – Respondent
I.A.No.2 of 2025 | Election Petition No.16 of 2024

Advocates:
For the Appellants/Petitioners: Naveen Kumar
For the Respondents: A. Raghu Ram

An election petition must contain specific material facts demonstrating how alleged irregularities or non-disclosures materially affected the election result. Failure to plead these essential elements renders the petition liable for summary rejection under Order VII, Rule 11 of the Code of Civil Procedure for lack of cause of action.

Headnote:(A) Representation of the People Act, 1951 - Sections 81, 83, 100(1)(d)(i) & (iv) - Code of Civil Procedure, 1908 - Order VII, Rule 11 - Rejection of Election Petition - Requirement of specific pleadings regarding corrupt practices and material facts - Failure to state how alleged non-disclosure or irregularities materially affected the election result renders a petition liable to be rejected at the threshold for lack of cause of action. (Paras 47-48)

(B) Election Petition - Scope of Order VII, Rule 11 CPC - Application maintainable at any stage - Courts must strike a balance between maintaining purity of elections and respecting the popular mandate - Technical irregularities or minor non-disclosures absent of substantial impact on outcome do not constitute valid grounds to invalidate an election. (Paras 40-41, 45)

Facts of the case:
The petitioner sought rejection of an election petition filed against them, alleging that the petition lacked material facts regarding the improper acceptance of nomination, non-disclosure of assets, income, and liabilities, misrepresentation of educational qualifications, and the occurrence of corrupt practices. The petitioner argued that the allegations were vague, lacked specific particulars as required by law, and failed to demonstrate any material effect on the election result.

Findings of Court:
The Court held that the election petitioner failed to provide specific evidence or pleadings demonstrating how any alleged non-disclosure or irregularity materially affected the result. The Court observed that mere reliance on online entries or vague complaints without supporting documents or clear nexus to the election outcome does not constitute a triable issue.

Issues: Whether the election petition disclosed a valid cause of action under Section 100 of the 1951 Act and whether the court could exercise its power under Order VII, Rule 11 CPC at this stage of the proceedings.

Ratio Decidendi: An election petition must contain a concise statement of material facts constituting a cause of action. Omission of material facts, especially regarding how an irregularity materially affected the election, renders the petition liable for summary rejection. The court must be circumspect in interfering with a popular mandate and should not allow vague or technical allegations to override the democratic will unless there is a clear, substantiated case of fraud or corrupt practice.

Result: I.A.No.2 of 2025 is allowed and the Election Petition is rejected.

Table of Content
1. procedural background of the application for rejection of election petition. (Para 1 , 2)
2. respondent (returned candidate) claims the petition lacks material facts, cause of action, and specificity required to prove corrupt practice or material effect. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. election petitioner contends that the pleading discloses a triable cause of action and that challenges under order vii rule 11 are premature. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. assessment of claims regarding non-disclosure, corrupt practices, and procedural deficiencies in the election petition. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38)
5. court holds that petitions under order vii rule 11 are maintainable at any stage and that technical non-disclosures without substantial impact do not warrant invalidating electoral mandates. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
6. final order rejecting the election petition for failure to meet statutory requirements under the representation of peoples act. (Para 48 , 49)

1. The petitioner, who is the respondent No.1 in E.P.No.16 of 2024, filed this petition under Rule-11 of Order-VII read with Section 151 of CPC to reject the Election Petition.

2. Heard Sri Naveen Kumar, learned Counsel for the petitioner/Respondent No.1 and Sri A.Raghu Ram, learned Counsel for the respondent No.1/Election Petitioner and perused the record.

The contentions of the Petitioner/Respondent No.1.

3. Learned Counsel for the petitioner/respondent No.1 submits that the respondent No.1 filed Election Petition to declare the election of the petitioner from Assembly of No.40-Patancheru Assembly Constitution, State of Telangana which was held on 30.11.2023 as illegal, null and void and to call for the records. The petitioner herein was elected as Member of Legislative Assembly (MLA) from Patancheru Assembly Constituency from Bharat Rashtra Samithi party. The Election Petition is entirely misconceived, untenable, borne out of absurd, general and vague allegations without any material facts and cogent evidence and has been filed merely based on an afterthought only to cause inconvenience to the petitioner in lawful exercise of his functions and duties and to subject the petitioner to judicial process, so as to curtail the working efficiency of the petitioner. The Election Petition under Section 100 (1) (d) (i) of the Representation of Peoples Act, 1951 (for short ‘R.P Act’) contending that the nomination of the petitioner/respondent No.1 has been improperly accepted on the ground that the petitioner/respondent No.1 has allegedly not disclosed certain information. The affidavit filed in support of the Election Petition is bereft of any pleadings as to how the allegations mentioned under (a) to (d) has materially affected the result of the Election Petition. It is settled law that whenever an Election Petition has been filed invoking Section 100 (1) (d)(i) of the R.P Act, it is trite to plead and prove how the same has materially affected the result of the returned candidate.

4. The learned Counsel for the petitioner/respondent No.1 would further submit that in the absence of any pleading demonstrating how the election has been materially affected, merely alleging that the nomination has been improperly accepted as the petitioner/respondent No.1 suppressed some information does not constitute a ground as envisaged under the provisions of the R.P Act. The Respondent No.1/Election Petitioner has failed to demonstrate how the alleged non-disclosure of details constitutes a cause of action for the Election Petition, therefore the same is liable to be dismissed.

5. The learned Counsel for the petitioner/respondent No.1 would further submit that in the absence of any pleadings how the said non-disclosure of the alleged information is of substantial in nature, entitling rejection of nomination and furthermore impacting the candidature or the

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2025 Supreme(Online)(Tel) 29079

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABADK. Sarath, JGudem Mahipal Reddy – AppellantVersusKatam Srinivas Goud – RespondentI.A.No.2 of 2025 | Election Petition No.16 of 2024

Cases Referred (5)

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Gudem Mahipal Reddy – Appellant
Versus
Katam Srinivas Goud – Respondent
I.A.No.2 of 2025 | Election Petition No.16 of 2024