https://www.taxtmi.com/caselaws?id=184546 An election petition must plead all primary facts constituting a complete cause of action under Section 83(1)(a) of the Representation of the People Act, 1951; omission of a material fact is fatal, while defects in particulars may be cured later. Here, the petition failed to plead that waiver of the three months' notice period had been accepted before scrutiny and that the candidate had ceased to be a Government servant on that date, both being essential to the office-of-profit challenge and within the petitioner's knowledge. Voluntary retirement was also distinguished from resignation, as it requires employer permission and compliance with the notice requirement or waiver. The petition was therefore liable to dismissal. en-us Thu, 01 Apr 2004 00:00:00 +0530 Tue, 12 Jul 2016 14:50:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184546 An election petition must plead all primary facts constituting a complete cause of action under Section 83(1)(a) of the Representation of the People Act, 1951; omission of a material fact is fatal, while defects in particulars may be cured later. Here, the petition failed to plead that waiver of the three months' notice period had been accepted before scrutiny and that the candidate had ceased to be a Government servant on that date, both being essential to the office-of-profit challenge and within the petitioner's knowledge. Voluntary retirement was also distinguished from resignation, as it requires employer permission and compliance with the notice requirement or waiver. The petition was therefore liable to dismissal. Case-Laws Indian Laws Thu, 01 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184546