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2025 Supreme(Online)(Tel) 41314

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 lacking specific material facts regarding alleged corrupt practices or substantial non-disclosures in nomination forms that materially affect the election result is liable to summary rejection under the Code of Civil Procedure, as it fails to disclose a valid cause of action.

Headnote:(A) Representation of the People Act, 1951 - Sections 81, 83, 100(1)(d)(i) - Code of Civil Procedure, 1908 - Order VII, Rule 11 - Election Petition - Rejection of plaint - An election petition must set forth full particulars of corrupt practices and material facts disclosing a cause of action; failure to do so renders it liable for summary rejection. Pleadings of corrupt practice must be precise, specific, and unambiguous, adhering to the same standard of proof as a criminal charge. (Paras 6, 7, 21, 42)

(B) Election Law - Disclosure requirements - Non-disclosure of assets, income, educational qualifications, and liabilities in nomination papers - Not every technical defect or minor omission constitutes a 'substantial' defect warranting the nullification of an election. The court must balance the need for free and fair elections with the sanctity of the popular mandate; only substantial irregularities that materially affect the election result justify judicial intervention. (Paras 40, 42, 45, 46)

(C) Civil Procedure - Rejection of plaint - Maintainability - An application under Order VII, Rule 11 of the CPC can be filed at any stage of the proceedings, including after the framing of issues, if the petition is found to be manifestly vexatious, meritless, or lacking a cause of action. (Paras 40, 41)

Facts of the case:
The petitioner, a returned candidate, sought the rejection of an election petition filed against his victory. The petitioner challenged the maintainability of the petition on the grounds that it lacked specific material facts, was based on vague allegations of non-disclosure in nomination papers and commission of corrupt practices, and failed to demonstrate how any alleged technical discrepancy materially affected the election outcome. The election petitioner argued that these issues constituted triable questions of fact.

Findings of Court:
The court observed that the election petition was devoid of specific material facts and supporting evidence. Allegations regarding non-disclosure were based on unsubstantiated online records, and claims of corrupt practice lacked essential details such as date, time, and venue, or were supported by documents that did not prove the alleged misconduct. The court held that the petition failed to establish how any alleged non-compliance impacted the election result.

Issues: Whether the election petition disclosed a valid cause of action under the governing law, and whether the alleged non-disclosures and corrupt practices constituted sufficient grounds to declare the election void.

Ratio Decidendi: An election petition can be summarily rejected if it fails to provide a concise statement of material facts or omits essential particulars required for the grounds of challenge. Technical defects or minor non-disclosures in nomination forms, which do not substantially undermine the electoral process, do not warrant setting aside a popular mandate.

Result: Application allowed; Election Petition rejected.

Table of Content
1. procedural background of the election petition rejection application. (Para 1 , 2)
2. petitioner argues election petition lacks material facts, cause of action, and specificity. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. respondent contends petition discloses triable issues regarding corrupt practices and nondisclosure. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. court finds allegations of non-disclosure and corrupt practice are vague and unsubstantiated. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38)
5. application for rejection is maintainable at any stage of proceedings. (Para 39 , 40 , 41)
6. failure to plead material facts warrants summary rejection of election petition. (Para 42 , 43 , 44 , 45 , 46 , 47 , 48)
7. election petition is dismissed pursuant to order vii rule 11 cpc. (Para 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 result of an Election Petition in the absence of such pleadings, the same cannot constitute a ground under Section 100 (1) (d) (i) of the R.P Act.

6. The learned Counsel for the petitioner/respondent No.1 would further submit that the pl

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2025 Supreme(Online)(Tel) 41314

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

An election petition lacking specific material facts regarding alleged corrupt practices or substantial non-disclosures in nomination forms that materially affect the election result is liable to summary rejection under the Code of Civil Procedure, as it fails to disclose a valid cause of action.

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