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Issues: Whether an election petition alleging corrupt practices can be dismissed at the threshold for want of material facts and particulars and for not disclosing a cause of action, and whether the trial court may invoke the Code of Civil Procedure to reject or dismiss such a petition without recording evidence.
Analysis: Sections 83, 86 and 87 of the Representation of the People Act, 1951 were read together with the procedural powers available under the Code of Civil Procedure. The requirement to plead all material facts is mandatory, and the omission of even a single material fact results in an incomplete cause of action. A petition that does not state the essential ingredients of the alleged corrupt practice, including the manner, time, persons involved, consent, and nexus with the election, is not fit to proceed to trial. The absence of a direct reference to Section 83 in Section 86 does not bar the court from acting under the Code where the petition does not disclose a cause of action. The power to terminate a futile election petition exists to prevent needless litigation and may be exercised at the threshold when the defect is apparent on the face of the pleading.
Conclusion: The election petition was rightly held to be liable to summary dismissal for failure to plead material facts and particulars and for non-disclosure of a cause of action.
Final Conclusion: The appeal failed, and the dismissal of the election petition was sustained because the pleadings did not satisfy the statutory standard governing election petitions alleging corrupt practices.
Ratio Decidendi: An election petition alleging corrupt practice must plead every material fact constituting the cause of action with sufficient particulars, and if it fails to do so the court may dismiss or reject it at the threshold under the procedural powers applicable to election trials.
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