2000 (9) TMI 1077 - SC - Indian Laws

Supreme Court affirms dismissal of election petition due to deficient pleadings. Specific allegations and compliant affidavit required.

Ravinder Singh Versus Janmeja Singh & Ors.

The Supreme Court upheld the High Court's decision to dismiss the election petition due to serious deficiencies in the pleadings. The appellant's ... - Issues:Dismissal of election petition by High Court on sustaining preliminary objection.Analysis:The appellant, a candidate set up by the Congress Party, challenged the election of respondent No. 1, who was declared elected after the 1997 elections in Punjab. The appellant filed an election petition alleging corrupt practices under Sections 123(1)(A)(b) and 123(4) of the Representation of the People Act, 1951. The petition detailed the allegations of corrupt practices, but the Supreme Court noted serious deficiencies in the pleadings. Specifically, regarding the corrupt practice under Section 123(4), the Court found a lack of averments indicating false statements published by the returned candidate or his agent, as required by the law. The absence of essential allegations rendered the charge unenforceable, emphasizing the mandatory nature of such requirements. The Court highlighted that no evidence could cure defects in the pleadings, and the absence of necessary statements prevented the charge from proceeding to trial.Regarding the charge of corrupt practice under Section 123(1) of the Act, the Court noted a similar deficiency. The affidavit filed in support of the election petition did not address the allegations of bribery as required by law. The Court pointed out that the affidavit failed to comply with the mandatory provisions of Section 83(1) of the Act, which necessitate a concise statement of material facts and full particulars of alleged corrupt practices, supported by an affidavit disclosing the source of information. The absence of a proper affidavit, in the prescribed form, regarding the charge of bribery prevented the issue from being raised for trial, with the Court deeming the defect fatal.The Court also highlighted the importance of the affidavit in ensuring responsible charges of corrupt practices, preventing vague or unfounded allegations that could harm the reputation of candidates. The failure to provide a compliant affidavit hindered the trial process and undermined the integrity of the election dispute resolution mechanism. The Court upheld the High Court's decision to dismiss the election petition based on a preliminary objection, emphasizing the necessity for adherence to legal requirements in filing election petitions. Ultimately, the appeal was deemed meritless and dismissed, with no order as to costs, underscoring the significance of procedural compliance in election disputes.