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]