D T SRIDHAR Vs. B K SANGAMESHWAR

JUDGEMENT

(1.) The first of these applications filed on 15/2/2010 by the 1st Respondent is under Section 87 of the Representation of People's Act, for short the 'Act', read with Order VI Rule 16 of Code of Civil Procedure, 1908, for short 'Code of Code of Civil Procedure, to strike out the pleadings in the Election Petition as unnecessary, frivolous and vexatious, while the second is under Order VII Rule 11(a) of Code of Civil Procedure R/w Section 87 of the Act to reject the Election Petition as not disclosing a cause of action.

(2.) Before examining material facts and particulars in the election petition, reference may be made to the relevant provisions of the Act and Conduct of Election Rules, 1961, for short 'Rules'.

(3.) Section 83 of the Act provides for contents of Election Petition. Sub-Section 1(a) mandates statement of material facts, while Sub-Section 1(b) requires the setting forth all full particulars of any corrupt practice that the Petitioner alleges including as full a statement as possible of the names of parties alleged to have committed such a corrupt practice and the date and place of commission of each such practice. The proviso thereto states that when the Petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and particulars thereon. The prescription is Form No. 25, an affidavit under Rule 94A of the 'Rules'. A perusal of the contents of Form No. 25, being an affidavit, requiring the Election Petitioner to state on oath that the statements in the relevant paragraphs of the accompanying Election Petition about the commission of the corrupt practice and particulars of such corrupt practice mentioned in the paragraphs of the said petition and also the schedule annexed thereto are true to his knowledge/information.