Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Tel) 67861

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 be supported by precise material facts. Summary rejection is warranted if the petition lacks specific particulars of corrupt practices or relies on technical, insubstantial non-disclosures in nomination forms that do not demonstrably affect the election result or public mandate.

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 - Election Petition - Rejection of plaint - Requirements for pleadings - Disclosure of assets, liabilities and educational qualifications - Allegation of corrupt practices - Maintainability of application for rejection at any stage of proceedings. (Paras 40, 41, 42, 47)

(B) Election Law - Corrupt practices - Standard of proof - Pleadings of corrupt practice must be precise, specific and unambiguous as to nature of act, dates and locations to warrant trial - Vague allegations regarding undue influence and bribery lack necessary material facts to constitute valid cause of action. (Paras 6, 7, 21, 35, 36, 38, 42)

(C) Election Law - Disclosure requirements - Insubstantial defects - Not every non-disclosure or technical error in nomination form constitutes a ground for invalidating election - Only substantial non-disclosures that materially affect the election result serve as valid cause of action. (Paras 11, 42, 45, 46)

Facts of the case:
An election petition was filed challenging the victory of a returned candidate, alleging non-disclosure of assets, income sources, liabilities, and educational qualifications in the nomination form, alongside assertions of corrupt practices and undue influence. The returned candidate filed an application seeking rejection of the election petition under Order VII Rule 11 of the Code of Civil Procedure, contending that the petition failed to disclose a cause of action and lacked necessary material facts and particulars.

Findings of Court:
The court observed that the petitioner failed to provide specific evidence or documents to substantiate the allegations. The claims were based on unsubstantiated portal entries and vague assertions lacking temporal and geographic details. The court emphasized that minor technical discrepancies regarding educational qualifications or assets, which do not materially affect the election outcome, do not merit the overturning of a popular mandate.

Issues: Whether the election petition disclosed a valid cause of action under the relevant sections of the Act, and whether the election petition should be rejected at the threshold for failing to provide material facts and specific particulars concerning alleged corrupt practices and non-disclosures.

Ratio Decidendi: An election petition can be summarily rejected if it fails to contain a concise statement of material facts or constitutes an abuse of the judicial process. Pleadings regarding corrupt practices must be proved to the standard of a criminal charge and require full particulars. Technical non-disclosures that do not impact the substance of the nomination or the electoral result do not invalidate a mandate.

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

Table of Content
1. procedural initiation regarding the application for rejection of an election petition. (Para 1 , 2)
2. petitioner argues that the election petition lacks material facts and specific pleadings regarding corrupt practices or improper nomination acceptance. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. respondent maintains that the election petition discloses triable issues regarding asset suppression and corrupt practices. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. court evaluates the merits of specific allegations and finds absence of concrete documentation or specific evidence for a trial. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38)
5. court clarifies that order vii rule 11 applications are maintainable at any stage and that technical irregularities do not invalidate mandates. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
6. failure to plead material facts as per sections 81, 83, and 100 warrants rejection of the election petition. (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 result of an Election Petition in the absence of such pleadings, the same

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2025 Supreme(Online)(Tel) 67861

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