2017 (1) TMI 1708 - SC - Indian Laws

Maintainability of Election Petition - allegation that election petition lacked in material facts as required under Section 83(1)(a) of the 1951 Act and as such, did not disclose any cause of action - Section 100(1)(d)(iii) of The Representation of the People Act, 1951 - HELD THAT - In the present case, the issue relates to an enquiry under Order VII Rule 11(a) of the Code, and hence, there is no question of a preliminary issue being tried under Order XIV Rule 2(2) of the Code. The court exercised its jurisdiction only under Section 83(1)(a) of the Act read with Order VII Rule 11(a) of the Code. Since the scope of the enquiry at that stage has to be limited only to the pleadings of the plaintiff, neither the written statement nor the averments, if any, filed by the opposite party for rejection under Order VII Rule 11(a) of the Code or any other pleadings of the respondents can be considered for that purpose. The election petition is remitted to the High Court to try it on merits expeditiously, and being one filed in the year 2013, preferably within a period of four months - Appeal allowed.

Summary

Issues involved:
Dismissal of election petition for lack of material facts and cause of action under Section 83(1)(a) of the Representation of the People Act, 1951.

Detailed Analysis:

1. Dismissal of Election Petition: The appellant lost the election and filed a petition under Section 100(1)(d)(iii) of the Act, seeking to declare the election void. The High Court dismissed the petition based on preliminary issues regarding material facts and cause of action. The High Court extensively analyzed alleged violations during polling and vote counting, concluding that the petition lacked material facts and did not disclose any cause of action. The court erroneously considered explanations from respondents, leading to a flawed decision on the petition's viability.

2. Preliminary Issues and Legal Provisions: The judgment highlighted the relevance of Section 83(1)(a) of the Act, which mandates a concise statement of material facts in an election petition. The court discussed Order VII Rule 11(a) of the Code, emphasizing that a plaint lacking a cause of action should be rejected. Additionally, the court referred to Order XIV Rule 2(2) for dealing with preliminary issues related to court jurisdiction and legal bars to the suit.

3. Scope of Enquiry under Order VII Rule 11: The judgment clarified that an enquiry under Order VII Rule 11(a) should focus solely on the plaintiff's pleadings to determine the existence of a cause of action. Contrarily, under Order XIV Rule 2(2), the court can consider pleadings from both sides to ascertain jurisdiction and legal impediments to the suit. The court emphasized the limited scope of an enquiry under Order VII Rule 11(a) and the necessity to evaluate only the plaintiff's pleadings.

4. Judicial Precedents and Legal Principles: The judgment referenced the case of Mayar (H.K.) Ltd. v. Owners & Parties, emphasizing that a plaint should not be rejected based on the defendant's allegations. The court reiterated that the determination of a cause of action relies on the plaintiff's averments, not evidence. Citing Virender Nath Gautam v. Satpal Singh, the judgment emphasized that the court should not assess the merits of the case prematurely, but rather focus on whether the petition discloses a cause of action.

5. Decision and Remittal: The Supreme Court allowed the appeal, setting aside the High Court's order and remitting the election petition for expedited trial on merits. The court stressed that the petition had indeed disclosed a cause of action, warranting a full-fledged trial. The judgment refrained from expressing any opinion on the case's merits and directed the High Court to proceed promptly, preferably within four months, without imposing costs.

In conclusion, the Supreme Court's judgment elucidated the procedural intricacies of dismissing an election petition for lack of material facts and cause of action, emphasizing the importance of adhering to legal provisions and precedents in such matters.