Election petition jurisdiction includes vires and citizenship challenges, but only when material facts properly support a triable case.

A High Court hearing an election petition may examine the validity of a law, including citizenship-related disqualification questions, when that issue is necessary to decide a ground under the election law and is properly pleaded. A certificate of citizenship under Section 5(1)(c) of the Citizenship Act is not conclusive; it raises only a rebuttable presumption and does not bar a plea that the returned candidate was not an Indian citizen or was otherwise disqualified. However, an election petition must still plead concise material facts and disclose a genuine triable cause of action. Vague, unsupported assertions are insufficient, and petitions lacking factual foundation may be rejected at the threshold.

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Issues: (i) Whether a High Court hearing an election petition can examine the validity of a law when such question is necessary for deciding the election dispute. (ii) Whether a plea that the returned candidate is not a citizen of India, and thus not qualified or is disqualified for election, can be raised despite a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. (iii) Whether the election petitions disclosed material facts and a triable cause of action so as to require trial.

Issue (i): Whether a High Court hearing an election petition can examine the validity of a law when such question is necessary for deciding the election dispute.

Analysis: The jurisdiction to try an election petition vests in the High Court, and the grounds for voiding an election are confined by the Representation of the People Act, 1951. The constitutional bar in Article 329 does not prevent consideration of the validity of a law, except where the law relates to delimitation or allotment of seats. Where the question of vires is necessary to decide a ground under Section 100 and the pleadings raise a specific case, the High Court may adjudicate it in election proceedings.

Conclusion: The High Court can examine the validity of a law in an election petition where such determination is necessary and properly pleaded; the contrary view was incorrect.

Issue (ii): Whether a plea that the returned candidate is not a citizen of India, and thus not qualified or is disqualified for election, can be raised despite a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955.

Analysis: A challenge to the returned candidate's citizenship is not barred merely because a certificate of registration has been issued under Section 5(1)(c). The scheme of the Citizenship Act does not make such a certificate immune from judicial scrutiny in an appropriate forum. A distinction exists between cases of loss of citizenship on acquisition of foreign citizenship and cases where citizenship is alleged never to have been validly acquired. In the latter situation, the issue may be tried in an election petition if founded on proper material facts. The certificate carries a rebuttable presumption of validity, but it is not conclusive.

Conclusion: Such a plea is entertainable in an election petition, notwithstanding the citizenship certificate, provided it is supported by proper factual pleadings.

Issue (iii): Whether the election petitions disclosed material facts and a triable cause of action so as to require trial.

Analysis: An election petition must state concise material facts constituting the cause of action. Bald assertions, vague allegations, unsupported pleas regarding foreign law, and claims verified without proper basis do not satisfy the statutory requirement. The petitions lacked the necessary factual foundation for the citizenship challenge and for the asserted disqualifications, and no sufficient basis existed to put the respondent to trial or require a written statement.

Conclusion: The petitions did not disclose a sustainable cause of action or triable issue and were liable to be dismissed at the threshold.

Final Conclusion: Although the legal questions on jurisdiction and citizenship were answered in the appellants' favour, the election petitions failed for want of material facts and were not fit for trial, so the dismissal at the preliminary stage was sustained.

Ratio Decidendi: A High Court trying an election petition may examine vires and citizenship-related disqualification issues when properly pleaded and necessary for deciding the election dispute, but an election petition must still be rejected at the threshold if it lacks material facts and does not disclose a genuine cause of action.

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