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TMI Blog2017 (1) TMI 1708X X X X Extracts X X X X X X X X Extracts X X X X ..... (d)(iii) of the Act provides that an election of a returned candidate can be declared to be void if the High Court is of the opinion that the result of the election, in so far as it concerns a returned candidate, has been materially affected by the improper reception, refusal or rejection of any vote or the reception of any vote which is void. Section 81 provides for institutional requirements including limitation and Section 117 provides for deposit of security for costs. Section 83, under Chapter II, deals with contents of an election petition. Under Section 83(1)(a) of the Act, "an election petition shall contain a concise statement of material facts on which the petitioner relies". Under Order VII Rule 11(a) of the Code of Civil Procedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd counting of votes can be grouped in the following three categories, which shall be dealt with one by one:- Exercise of dual right of franchise by a voter and discrepancy between the EVM record and the record maintained in Form 17-A at polling station No.92- Kamla; Improper reception of 30 postal ballot papers; and Discrepancy regarding 100 postal ballot papers-whether 597 or 697?" The High Court dealt with the violations referred to above extensively so as to find out whether a cause of action is made out, but committed a grave error by considering the explanations offered in the replies filed by the respondents. All the three violations have been discussed meticulously by the High Court with reference to the replies furnished by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pleadings in the sense where, even after the stage of written statement, if there is a replication filed, in a given situation the same also can be looked into to see whether there is any admission on the part of the plaintiff. In other words, under Order VII Rule 11, the court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by the defendant or any other materials produced by the defendant. It appears, the High Court committed a mistake in the present case, since four out of the six issues settled were taken as the preliminary issues. Two such issues actually are relatable only to Order VII Rule 11 of the Code, in the sense those issues pertained to the rejection at the institution stage f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealt with a similar issue. To the extent relevant, paragraph-12 reads as follows: "12. From the aforesaid, it is apparent that the plaint cannot be rejected on the basis of the allegations made by the defendant in his written statement or in an application for rejection of the plaint. The court has to read the entire plaint as a whole to find out whether it discloses a cause of action and if it does, then the plaint cannot be rejected by the court exercising the powers under Order 7 Rule 11 of the Code. Essentially, whether the plaint discloses a cause of action, is a question of fact which has to be gathered on the basis of the averments made in the plaint in its entirety taking those averments to be correct. A cause of action is a bundl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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