KULDEEP SINGH PATHANIA Vs. BIKRAM SINGH JARYAL

JUDGEMENT

(1.) Chapter III of Part VI of The Representation of the People Act, 1951 (hereinafter referred to as "the Act") deals with trial of election petitions. Under Section 86(1) of the Act, "the High Court shall dismiss an election petition which does not comply with the provisions of Section 81 or Section 82 or Section 117". Section 100 of the Act provides for grounds for declaring election to be void. Section 100(1)(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 Procedure, 1908 (hereinafter referred to as "the Code"), a plaint shall be rejected where it does not disclose a cause of action and under Order XIV Rule 2(2), the court may deal with the preliminary issue on jurisdiction of the court and bar to the suit created by any law in force. These are the provisions relevant for consideration of the present case.

(2.) The appellant lost election from Bhattiyat Assembly Constituency of Himachal Pradesh Legislative Assembly held in 2012 by a margin of 111 votes. He filed an election petition mainly on the grounds under Section 100(1)(d)(iii) of the Act. Of the six issues settled, issues 2 to 5 were treated as preliminary issues, of which, issues 2 and 3 related to cause of action:

(3.) Appellant is aggrieved since his petition has been dismissed, based on the findings on the preliminary issues that the election petition lacked in material facts as required under Section 83(1)(a) of the 1951 Act and as such, did not disclose any cause of action.