AZHAR HUSAIN Vs. RAJIV GANDHI

JUDGEMENT

(1.) An election petition having been dismissed on the ground that it did not comply with the mandatory requirement to furnish material facts and particulars enjoined by S. 83 of the Representation of the People Act and that it did not disclose a cause of action, the election petitioner has appealed to this Court under S. 116-A of the Representation of the People Act of 1951 (Act).

(2.) The respondent was elected as a Member of the Lok Sabha from the Amethi Constituency of Uttar Pradesh in the general elections held on 24th December, 1984 under Section 15 of the Act. Having secured the highest votes (3,65,041) the respondent was declared as elected on December 29, 1984. On 12th February, 1985, the last date for challenging the election, the appellant (who claims to be a worker of the Rashtriya Sanjay Manch), an elector from the Amethi constituency, filed the election petition giving rise to the present appeal.

(3.) The election of the returned candidate, respondent herein, was challenged on the ground of alleged corrupt practices as defined by the Act. Seventeen grounds set out in para 4 (1 to XVII) of the election petition were called into aid in support of the challenge. The respondent upon being served, instead of filing a written statement, raised preliminary objections to the maintainability of the petition on a number of grounds inter alia contending that the petition was lacking in material facts and particulars and was defective on that account, and that since it did not disclose any cause of action it deserved to be dismissed. The appellant on his part filed two applications for amendment of the election petition. (None of which was for supplying the material facts and particulars which were missing). All these applications were heard together and were disposed of by the judgment under appeal upholding the preliminary objection raised on behalf of the Respondent and dismissing the election petition. Hence this appeal.