Karim Uddin Barbhuiya vs Aminul Haque Laskar & Ors.

Court

Supreme Court of India

Date

8 April 2024

Case No.

Civil Appeal No. 6282 of 2023

Result

Allowed

Bench

Aniruddha Bose, Bela M. Trivedi

Citation

[2024] 4 S.C.R. 523 : 2024 INSC 282

Acts & Sections

The Representation of the People’s Act, 1951 The Conduct of Election Rules, 1961 CPC

Issue for consideration

Whether an election petition alleging corrupt practice in the nature of undue influence and alleging improper acceptance of nomination is to be rejected under Order VII Rule 11 CPC when material facts as required under s. 83 of the Representation of People Act, 1951 (RP Act) are not pleaded and where no grounds as contemplated under s. 100 RP Act are made out.

Headnote

Representation of People Act, 1951 – Election petition filed under ss. 100(1)(b) and 100(1)(d)(i) RP Act to declare election of Appellant void – Allegation raised regarding false statement, suppression and misrepresentation of facts regarding educational qualification and suppression of fact regarding financial liability – Same amounting to corrupt practice u/s. 100(1)(b) RP Act – Further alleging improper acceptance of nomination u/s. 100(1)(d)(i) RP Act – Application filed by Appellant under Order VII Rule 11 CPC r/w s. 87 RP Act for rejection of petition – High Court dismissed said application. Held: RP Act is self-contained code – Any rights claimed in relation to election, election dispute must be found therein – If allegations in petition do not set out grounds contemplated by s. 100 RP Act and do not conform to requirement of ss. 81 and

83 RP Act, election petition liable to be rejected under Order VII Rule 11 CPC – Pleadings to be precise, specific, unambiguous – Material facts to be pleaded to show cause of action – When alleging corrupt practice in nature of undue influence, pleadings must state full particulars as required u/s. 83(1)(b) RP Act regarding direct or indirect interference or attempt to interfere by candidate, with free exercise of electoral right as required u/s. 123(2) RP Act – When alleging improper acceptance of nomination, particulars showing how such improper acceptance materially affected result of election must be present – Omission of single material fact leading to incomplete cause of action would entail rejection of election petition under Order VII Rule 11 CPC r/w ss. 83 and 87 RP Act. [Paras 12-15, 19-24]

Judgment Bela M. Trivedi, J. 1. The instant Appeal filed by the appellant - Karim Uddin Barbhuiya (Original Respondent No. 1) is directed against the impugned judgment and order dated 26.04.2023 passed by the Gauhati High Court at Guwahati in I.A. (Civil) No. 1278 of 2021 in Election Petition No. 01 of 2021, whereby the High Court has dismissed the said IA filed by the present appellant under Order VII Rule 11 CPC seeking rejection of the Election Petition filed by the respondent No. 1 - Aminul Haque Laskar (Original Election Petitioner). 2. A brief conspectus of relevant facts may be state

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