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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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KARIM UDDIN BARBHUIYA vs. AMINUL HAQUE LASKAR & ORS.

SCR Citation: [2024] 4 S.C.R. 523
Year/Volume: 2024/ Volume 4
Date of Judgment: 08 April 2024
Petitioner: KARIM UDDIN BARBHUIYA
Disposal Nature: Appeal Allowed
Neutral Citation: 2024 INSC 282
Judgment Delivered by: Hon'ble Ms. Justice Bela M. Trivedi
Respondent: AMINUL HAQUE LASKAR & ORS.
Case Type: CIVIL APPEAL /6282/2023
Order/Judgment: Judgment
1. 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]

2. Case referred
3. Act
  • Representation of the People Act, 1951 (43 of 1951)
  • Code of Civil Procedure, 1908 (5 of 1908)
4. Keyword
  • Corrupt practice
  • Undue influence
  • Improper acceptance of nomination
  • Material facts not pleaded in election petition
  • Incomplete cause of action
  • Rejection of election petition