RAMESHKUMAR BAPURAOJI GAJBE Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner, who contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as the candidate of the Vanchit Bahujan Aghadi, and lost the electoral battle, is seeking a declaration that the election of respondent 3 is null and void for "noncompliance with the laws".

(2.) Respondent 3, who is declared elected, is seeking rejection of the election petition on the premise that the petition, even if the averments therein are taken at face value, fails to disclose cause of action and entails rejection in view of the provisions of Sections 83(1), 86(1) and 100(1)(d)(iv) of the Representation of the People Act, 1951 ("Act" for short) and Order VII Rule 11(a) of the Civil Procedure Code ("Code" for short).

(3.) It would not be necessary to consider the plethora of decisions which enunciates the scope of Order VII Rule 11(a) of the Code since the learned Counsel representing the combatants are in unison in the submission that the Court is obligated to reject the plaint if on a meaningful and holistic consideration of the plaint averments, and assuming the averments to be true, a clear right to sue or cause of action is not discernible. It would be apropos to have a bird's-eye view of the averments in the petition to ascertain whether a cause of action is disclosed.