Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such material facts results in a lack of cause of action for corrupt practices.

JUDGMENT

Abhay S. Oka, J. -

FACTUAL ASPECTS

1. These appeals arise out of an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951 (for short, 'the RP Act of 1951'). The Election Petition was filed by the first respondent in the Madras High Court questioning the validity of the election of 134 -Aravakurichi Assembly Constituency (for short, 'the said Constituency'). Polling was held on 19th November 2016 and the result was declared on 22nd November 2016. The present appellant is the 5th respondent in the Election Petition filed by the first respondent. The present appellant was declared as elected. He was polled 88,068 votes. The 6th respondent in the Election Petition (the 6th respondent in this appeal) was polled 64,407 votes. Only 82 voters voted for the first respondent (Election Petitioner).

2. The first ground of challenge in the Election Petition is the improper acceptance of nomination papers of the appellant and the 6th respondent. The second ground of challenge is that the election is void as the appellant has indulged in corrupt practices. The allegation is that the appellant's agent and some other persons with the consent of the appellant have indulged in corrupt practices.

3. An application was made by the present appellant inter alia pointing out that no cause of action has been set out in the Election Petition in support of the ground of corrupt practice. It was submitted by the appellant that the Election Petition filed by the first respondent does not disclose any material particulars and material facts about the allegation of corrupt practice. It was contended that the allegations made in paragraphs 3 to 9 are vague and therefore, the said paragraphs deserve to be struck out by exercising the power under Rule 16 of Order VI of the Code of Civil Procedure, 1908 (for short, 'CPC'). The second prayer was for the rejection of the Election Petition on the ground that the same does not disclose the cause of action. A similar application was also filed by the 6th respondent. By the impugned judgment, the learned Judge of the Madras High Court rejected the applications. While doing so, he observed that the first respondent had forwarded copies of a compact disc, photographs, etc. to the Returning Officer (5th respondent). The learned Judge directed the first respondent to file all relevant documents such as emails, photographs, video footage, etc. which were submitted to the Returning Officer within a period of 15 days from the order. The appellant has challenged the said judgment and order dated 23rd February 2018 by way of this Appeal.

SUBMISSIONS

4. Shri Ranjith Kumar, the learned senior counsel appearing on behalf of the appellant has invited our attention to the requirement of clauses (a) and (b) of sub-section (1) of Section 83 of the RP Act of 1951 of incorporating in an election petition a concise statement of material facts and full particulars of any corrupt practice which is allegedly committed by the returned candidate. He pointed out that clause (b) of sub-section (1) of Section 83 also requires the election petitioner to make full statement disclosing the names of the parties alleged to have committed such corrupt practice and the date and place of commission of such practice. The learned senior counsel also pointed out that initially, the election to the said Constituency was to be held in May 2016. By order dated 14th May 2016, the Election Commission of India ('the Election Commission') postponed the said election. There was a further order passed on 27th May 2016 by the Election Commission holding that the election of the said Constituency cannot be allowed to proceed and ought to be rescinded so that fresh elections could be held. Accordingly, on 17th October 2016, the Election Commission rescheduled the election to the said Constituency and declared that the polling will be held on 19th November 2016. He pointed out that the first respondent filed