ASHRAF KOKKUR Vs. K.V. ABDUL KHADER

JUDGEMENT

(1.) The simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'). Incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows:

(2.) The sole ground in the election petition is that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was holding the post of Chairperson of the Kerala State Wakf Board. To the extent relevant, the Article reads as follows:

(3.) The High Court has taken the view that the election petition does not clearly contain a pleading that the respondent holds an office of profit under the State Government. The pleading is only to the effect that the respondent holds an office of profit.