2000 (1) TMI 1025 - SC - Indian Laws

Summary

Issues Involved:
1. Dismissal of the election petition without trial.
2. Validity of the verification and affidavit.
3. Alleged corrupt practices.
4. Framing of issues by the High Court.
5. High Court's decision on material facts and particulars.

Issue-wise Detailed Analysis:

1. Dismissal of the Election Petition Without Trial:
The Supreme Court analyzed whether the High Court was justified in dismissing the election petition without trial. The appellant contended that the High Court erred in dismissing the petition on the ground that material facts were not set out, despite framing issues for trial. The appellant argued that the High Court failed to distinguish between material facts and material particulars. The Court emphasized that for considering a preliminary objection, the averments in the petition should be assumed to be true to determine if they disclose a cause of action or triable issue.

2. Validity of the Verification and Affidavit:
The Supreme Court scrutinized the verification and affidavit accompanying the election petition. The verification stated, "what all stated in the above paragraphs 1 to 15 are all true to the best of my knowledge, information, and belief." The affidavit did not meet the legal requirements as it failed to specify which statements were based on personal knowledge and which were based on information. The Court held that the verification and affidavit did not conform to the prescribed form, which is mandatory for allegations of corrupt practices.

3. Alleged Corrupt Practices:
The appellant alleged several corrupt practices by the respondent, including undue influence and bribery. Specific allegations included the appointment of Chairmen for state-owned corporations to influence votes, entertaining MLAs in hotels, and using government resources for trips to influence votes. The Court noted that these allegations lacked material facts and particulars, such as names, dates, and specific actions, which are essential to establish a cause of action for corrupt practices.

4. Framing of Issues by the High Court:
The High Court had framed issues based on the pleadings of the parties. However, the Supreme Court observed that despite framing issues, the High Court dismissed the petition without trial. The appellant argued that the High Court should not have entertained the miscellaneous application for striking out certain paragraphs of the petition after framing issues. The Supreme Court held that the High Court has the power to dismiss a petition if it lacks material facts and particulars, even after framing issues.

5. High Court's Decision on Material Facts and Particulars:
The Supreme Court reiterated the distinction between material facts and material particulars. Material facts constitute the cause of action, while material particulars provide details necessary to support those facts. The Court emphasized that failure to plead material facts is fatal to an election petition, whereas absence of material particulars can be cured later. The Court found that the appellant's petition lacked both material facts and particulars, and the verification and affidavit were defective. Consequently, the High Court was justified in dismissing the petition.

Conclusion:
The Supreme Court upheld the High Court's decision to dismiss the election petition, emphasizing the importance of strict compliance with legal requirements in election petitions, especially those alleging corrupt practices. The appeal was dismissed with costs, affirming that the petition lacked material facts, material particulars, and proper verification and affidavit.